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1991-0919_UNITED STATES ESCROW_Consulting Services AgreementCity Copy FOR CONSULTING SERVICES T IS AGREEMENT is made and entered into this 19 f day of 1991, by and between the CITY OF SAN JUAN CAPI TRANO, hereinafter referred to as "CITY" and UNITED STATES ESCROW, INC. (U.S. Escrow), hereinafter referred as "CONSULTANT." W I T N E S S E T H: WHEREAS, CITY requires consulting services for the project described as follows: Management of HCDBG Fund Disbursement and Loan Program WHEREAS, CONSULTANT represents he/they is duly qualified to provide said service; NOW, THEREFORE, CITY and CONSULTANT, for the consideration hereinafter named, agree as follows: SECTION 1. GENERAL The considerations of work on the project shall be governed by the conditions contained herein. In general, the tasks delineated herein are to be performed with minimum direction and assistance from CITY. All work Performed by CONSULTANT, however, shall be subiect to review and approval of the City Manager or his designee at all times. SECTION 9. SCOPE OF TASKS BY CONSULTANT Subject to the terms and conditions of this agreement, CONSULTANT shall perform the tasks as set forth in Exhibit B, attached hereto and made a part hereof. During the performance of the above tasks, CONSULTANT shall have access to existing data in CITY files and CITY shall provide copies of any such data CONSULTANT requests at no cost to CONSULTANT. SECTION 1. TIME OF BEGINNING AND COMPLETION OF SERVICES The services provided under this Agreement shall begin upon execution of this Agreement by all parties, and be completed in a timely manner, consistent with tasks as described in Exhibit B. 0 SECTION 4. PAYMENT FOR CONSULTANT'S SERVICES Payments under this Agreement shall be in accordance with Exhibit C, attached hereto and made a part hereof. Three (3) copies of itemized bill, clearly indicating the period for which the billing is made, and including dates on which expenses (except costs for reproduction) were incurred, and individuals' hourly rates and tasks performed, including time spent on each task, except for fixed fee schedules as per Exhibit C, shall be submitted to: City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. SECTION 5. COVENANT AGAINST CONTINGENT FEES CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this Agreement, that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, CITY shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. SECTION 6. EXPENSES CONSULTANT acknowledges CITY is under no obligation to compensate CONSULTANT for services rendered or expenses accrued under this Agreement in excess of the maximum compensation specified in SECTION 4. SECTION 7. OWNERSHIP OF DOCUMENTS All tracings, plans, specifications, maps or other documents prepared or obtained under the terms of this Agreement shall be delivered to, and become property of, CITY, and basic survey notes and sketches, charts, computations and other data prepared or obtained under this Agreement, shall be made available upon request, to CITY without restriction or limitation on their use, except as required by the State of California Financial Code. 2 0 0 SECTION S. NON -DISCLOSURE The designs, plans, reports, investigation, materials and documents prepared or acquired by CONSULTANT pursuant to this Agreement (including any duplicate copies kept by CONSULTANT) shall not be shown to any other public or private person or entity, except as authorized by CITY. CONSULTANT shall not disclose to any other public or private person or entity any information regarding the activities of CITY, except as authorized by CITY or required by the State of California Financial Code Sec. 17405. SECTION 9. CONFLICT OF INTEREST For the duration of this Agreement, CONSULTANT shall not act as consultant or perform services of any kind for any person or entity in regard to the project area without the prior written consent of CITY. SECTION 10. CHANGES IN SCOPE OF CONSULTANT'S SERVICES No additional fee shall be paid by CITY for additional consulting services not included in this Agreement without the written approval of CITY prior to undertaking such work. In the event of suspension of project by CITY, CONSULTANT shall have the right to renegotiate fees if delay is greater than six (6) months. SECTION 11. TERMINATION CITY may, without cause, terminate the Agreement at any time prior to completion by CONSULTANT of any of the services required hereunder. Notice of Termination of this Agreement shall be given in writing to CONSULTANT, and shall be sufficient to complete when same is deposited in the U. S. Mail, First Class postage prepaid. CONSULTANT may, without cause, terminate the Agreement at any time prior to completion by CONSULTANT of any of the services required hereunder. Notice of Termination of the Agreement shall be given in writing to CITY, 30 days in advance of said termination. In the event this Agreement is terminated by CITY or CONSULTANT, CONSULTANT shall be paid the value of services performed by him pursuant to this Agreement prior to the date of termination thereof, such value to be the total to which he shall have become entitled, as determined by the City Manager based on Exhibit B and Exhibit C, less the amount of any payments previously made, but in no event exceeding the maximum contract amount stated in SECTION 4. SECTION 12. DISPUTES Unless otherwise specified herein, any dispute over a question of fact arising under this Agreement, which cannot be resolved by agreement between the parties, may be, by mutual consent of the parties, submitted to a "Board of Arbitration" consisting of three (3) arbitrators having expertise relating to this contract subject matter, one of whom shall be selected by each of the parties, and the third by the two members selected by the parties. Each of the parties shall pay the member selected by it, and the compensation of the third member shall be paid equally by the parties. The parties shall be bound by the decision of the Board of Arbitration. SECTION 13. NO ASSIGNMENTS Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which CITY, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. SECTION 14. ENDORSEMENT ON PLANS, ETC. CONSULTANT shall endorse all plans, data and other documentation submitted to CITY pursuant to this Agreement. SECTION 15. CORRECTION OF WORK The performance of services by CONSULTANT shall not relieve CONSULTANT from any obligation to correct any incomplete, inaccurate or defective work at no further cost to CITY, when such inaccuracies are due to the negligence of CONSULTANT, provided such work has not been accepted in writing by CITY. SECTION 16. MAINTENANCE OF RECORDS CONSULTANT and his subcontractors shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at their respective offices at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by CITY and copies thereof shall be furnished, if requested. SECTION 17. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of CITY. CITY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT's services rendered pursuant to this 4 0 0 Agreement; however, CITY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. SECTION 18. LICENSES. PERMITS. ETC. CONSULTANT represents and warrants to CITY that he has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice his profession. CONSULTANT represents and warrants to CITY that CONSULTANT shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit or approval which is legally required for CONSULTANT to practice his profession. SECTION 19. INSURANCE REQUIREMENTS I. Comprehensive General Liability. CONSULTANT shall maintain in full force and effect Comprehensive General Liability coverage, including premises operations, products/completed operations, broad form property damage, and blanket contractual liability in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractural period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. II. Comprehensive Automobile Liability. CONSULTANT shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired, and non -owned vehicles in the following minimum amounts: $500,000 property damage; $500,000 injury to one person/any one occurrence/ not limited to contractual period; $1,000,000 injury to more than one person/any one occurrence/not limited to contractual period. III. Workers' Compensation. If CONSULTANT intends to employ employees to perform services under this Agreement, CONSULTANT shall obtain and maintain, during the life of this Agreement, Workers' Compensation Employer's Liability Insurance in the statutory amount as required by state law. This policy/policies shall not terminate, nor shall they be cancelled, nor the coverage reduced, until after 30 days written notice is given to the CITY. 0 0 CONSULTANT shall provide, prior to beginning work, Certificates of Insurance to the CITY establishing that the required insurance coverages have been secured by CONSULTANT. CONSULTANT shall provide an endorsement to CITY establishing that CITY has been legally added as an additional insured to the insurance policies required under this Agreement at City's sole cost, not to exceed $20.00. SECTION 20. TIME FOR SUBMITING PROOF OF INSURANCE CONSULTANT shall submit proof of insurance requirements under this Agreement to the City Clerk's office prior to beginning any work under this Agreement. CONSULTANT shall not receive any compensation until all insurance provisions have been satisfied. SECTION 21. COMPLIANCE WITH LAWS During the performance of this Agreement, CONSULTANT agrees to abide by the Special Provisions set forth in Exhibit A, attached hereto and made a part hereof. SECTION 22. CONSULTANT NOT AN AGENT Except as CITY may specify in writing, CONSULTANT shall have no authority, expressed or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONSULTANT shall have no authority, expressed or implied, pursuant to this Agreement to bind CITY to any obligation whatsoever. 0 0 SECTION 23. NOTICES Notices to the parties, unless otherwise requested in writing shall be sent to CITY at: The City of San Juan Capistrano Community Development Division 32400 Paseo Adelanto San Juan Capistrano, CA 92675 and CONSULTANT at: United States Escrow, Inc. 8121 E. Florence Avenue Downey, CA 90240 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. APPROVED AS TO FORM: CI Y ATTORNEY 7 CITY OF SAN JUAN CAPISTRANO By: tep en B. Ju an, City Manager 6 7 8 9 10 11 12 13 14 15 161 17 18 19 20 21 22 23 24 25 26 27 28 • SPECIAL PROVISIONS ihibit "A" to COUNTY/CITY Contract A. Section 3 - Compliance with the Provision of Training Employment and Business opportunity The CITY shall cause or require to be inserted in full in all contracts ands subcontracts for work financed in whole or part with federal financial assistance provided under this Contract, the Section 3 clause set forth in 24 CPR 135.20(b). The CITY will provide such copies of 24 CPR Part 135, as may be necessary for the information of parties to contracts required to contain the said Section 3 clause. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be made available to lower income residents within the unit of local government or metropolitan area (or non -metropolitan county), in which the project is located. In addition, to the greatest extent feasible, contracts for work in connection with the project shall be awarded to business concerns which are located in, or in substantial part owned by, persons residing in the same unit of local government or metropolitan area (or non -metropolitan county), in which the project is located. The parties to this contract will comply with the provisions of said Section 3, and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CPR 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The CONTRACTOR shall take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and urban Development, 24 CPR 135. The CONTRACTOR will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CPR 135. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements. (Source: Title 24 CPR 135 revised April 1, 1984.) B. Equal Employment Opportunity In carrying out the program, the CITY shall not discriminate against any -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • 4ribit "A" to COUNTY/CITY Contra: employee or applicant for employment because of race, color, religion, sex or national origin. The CITY shall take affirmative action to ensure that applicants for employmei 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 advertising; layoff or termination; rates of pay or other form, compensation; and selection for training, including apprenticeship. The CITY shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the COUNTY setting forth the provisions of this nondiscrimination clause. The CITY shall, in all solicitations or advertisements for employees placed by or on behalf of the CITY, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The CITY shall incorporate the foregoing requirements of this paragraph in all of its contracts for program work and will require all of its contractors for such work to incorporate such requirements in all subcontracts for program work. Such contracts shall be subject to HUD Equal Employment Opportunity regulation 24 CPR Part 130 as applicable to HUD assisted construction contracts. The CITY shall cause or require to be inserted in full in any non-exempt contract and subcontract for construction work or modification thereof, as defined in said regulations which is paid for in whole or in part with assistance under the Contract, the following equal opportunity clause: 'During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The contractc will 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 advertising, layoff or -2- 1 21 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 Wibit "A' to COUNTY/CITY termination] rates of pay or other forms of compensation and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union or worker's representatives of the contractor's commitment under Section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice on conspicuous places available) to employees and applicants for employment. 4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations and relevant orders of the Secretar, of Labor. 5. The contractor will furnish all information and reports required by Executive order 11246 of September 24, 1965 and by the rules, regulations and order of the Secretary of Labor or pursuant thereto and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. 6. in the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contract in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rules, regulations or order of the Secretary o -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9 Labor or as otherwise provided by law. Wibit "A" to COUNTY/CITY Contrac 7. The contractor will include the portion of the sentence immediately preceding paragraph (1) beginning with the words "During the performance of..." 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 the Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such actio with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance] provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department the contractor may request the United States to enter into such litigation t protect the interest of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work. The above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such CITY which does not participate in work on or under the contract. The CITY agrees that it will assist and cooperate actively with COUNTY, HUD and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevan orders of the Secretary of Labor; that it will furnish the COUNTY, HUD and the Secretar; of Labor such information as they may require for the supervisions of such compliance: and that it will otherwise assist the above parties in the discharge of its primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any con tract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from or who has not demonstrated eligibility for, Government -4- 11 21 3 4 5 6 7 8 ti 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • ibit "A" to COUNTY/CITY Contrac contracts and federally assisted construction contracts pursuant to the executive order and will carry out such sanctions and penalties for violation of equal opportunity clause as may be imposed upon contractors and subcontractors by HOD or the Secretary of Labor pursuant to Part II, Subpart B of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the COUNTY may take any or all of the following actions: Cancel, terminate or suspend in whole or in part the grant or loan guarantees refrain from extending any further assistance to the CITY under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such CONTRACTOR. (Sources H/CD Funding Agreement #4 and Executive Order 11246, Part II, Subpart B, Section 202, Title 24 CPR 130, revised April 1, 1984.) C. Federal Labor Standards Except with respect to the rehabilitation of residential property designed for residential use for less than eight families, the CITY and all contractors engaged under contracts in excess of $2,000.00 (Two Thousand Dollars and no/100) for the construction, prosecution, completion or repair of any building or work financed in whole or in part with assistance provided under this contract, shall comply with HDD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CPR Parts 3 (Copeland Act), 5, and Sa (Davis -Bacon Act), governing the payment of wages and the ratio of apprentices and trainees to journeyman: Provided, that if wage rates higher than those required under such regulations are imposed by state of local law, nothing hereunder is intended to relieve the CITY of its obligation, if any, to require payment of the higher rates. Th CITY shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of 29 CFR 5.5 and for such contracts in excess of $10,000, 29 CPR 5. The "Federal Labor Standards Provisions" (HUD 4010) are made part of this contract. No award of the contracts covered under this section of the contract shall -5- 1! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16i 17 18 19 20 21 22 23 24 25 26 27 28 • ibit "A" to COUNTY/CITY Contrac be made to any contractor who is at the time ineligible under the provisions of any applicable regulations of the Department of Labor to receive an award of such contract. (Source: H/CD Funding Agreement #7) All documents submitted by the CITY to the COUNTY which are required for compliance with the Federal Labor Standards, shall be certified as being true, accurate and complete by the City Engineer or the Director of Public works. (Source: Orange County H/CD) D. Non -Discrimination The CITY in an activity directly or indirectly financed under this contract shall comply with: 1. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the regulations issued pursuant thereto (24 CFR Part 1), which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate thi: assurance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the applicant, this assurance shall obligate the applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits. 2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing= and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing, and the provision of brokerage services. 3. Section 109 of the Housing and Community Development Act of 1974, and -6- 8 9 10 11 1211 131 141 151 16 17 18 19 20 21 22 23 24 25 26 27 28 E ibit "A" to COUNTY/CITY Contrac the regulations issued pursuant thereto (24 CPR Part 570.602), which provides that no person in the United States shall on the grounds of race, color, national origin, or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under,.any program or activity funded in whole or in part with funds provided under this_Part. 4. Executive Order 11063 on equal opportunity in housing and nondiscrimination in the sale or rental of housing built with Federal assistance. (Source: Title 24 CPR Part 570.601, revised April 1, 1984) E. Accessibility/Usability of Facilities and Buildings for Physically Handicapped The CITY in any activity directly or indirectly financed under this contrac, shall require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Part to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped," Number A -117.1-R 1971, subject to the exceptions contained in 41 CPR 101-19.604. The CITY will be responsible for conducting inspections to insure compliance with these specifications by any contractor or subcontractor. (Sources 24 CPR Part 570.202(E), revised April 1, 1984) P. Relocation 1. The CITY in any activity directly or indirectly financed under this contract shell: a. To the greatest extent practicable under State law, comply with Sections 301 and 302 of Title III (Uniform Real Property Acquisition Policy) of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and will comply with Sections 303 and 304 of Title Iii, and BOD implementing instructions a+ 24 CFR Part 42; and b. Inform affected persons of their rights and of the acquisition policies and procedures set forth in the regulations in 24 CPR Part 42 and 570.606 -7- 1' 2 31 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 • Wibit "A' to COURTY/CITY revised April 1, 1984) 2. The CITY shall also: a. Comply with Title II (Uniform Relocation Assistance) of the Unifor Relocation Assistance and Real Property Acquisition Policies Act of 1970 and HUD implementing regulations at 24 CPR Part 42 and 570.6061 b. Provide relocation payments and offer relocation assistance as described in Section 205 of the Uniform Relocation Assistance Act to all persons displaced as a result of acquisition of real property for an activity assisted under th Community Development Block Grant Program. Such payments and assistance shall be provided in a fair and consistent and equitable manner that insures that the relocation process does not result in different or separate treatment of such persons on account o race, color, religion, national origin, sex, or source of incomes 3. Assure that, within a reasonable period to time prior to displacement, comparable decent, safe and sanitary replacement dwellings will be available to all displaced families and individuals and that the range of choices available to such persons will not vary on account of their race, color, religion, national origin, sex, or source of incomes and 4. Inform affected persons of the relocation assistance, policies and procedures not forth in the regulations at 24 CPR Part 42 and 570.606. (Source: Title 24 CPR Part 570.606, revised April 1, 1984) G. Lead -Based Paint Hazards The construction or rehabilitation of residential structures with assistance provided under this Contract is subject to the HUD Lead -Base Paint regulations, 24 CPR Part 35. Any grants or loans made by the CITY or work performed by the CITY for the rehabilitation of residential structures with assistance provided under this Contract shall be made subject to the provisions for the elimination of lead -base paint hazards under subpart C of said regulations and the CITY shall be responsible for the inspections and certifications required under Section 35.24 thereof. (Source: R/CD -8- i 2 3 4 5 6 7 8 9 10 • 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ibit "A' to COUNTY/CITY Contrac `J Funding Agreement #5 and 24 CFR Part 35 and 570.608 revised April 1, 1984) H. Flood Disaster This Contract is subject to the requirements of the Flood Disaster Protection Act of 1973 (P.L. 93-234). No portion of the assistance provided under this Contract is approved for acquisition or construction purposes as defined under Section 3(a) of said Act, for use in an area identified by the Secretary as having special flood hazards, which is located in a community not then in compliance with the requirements for participation in the national flood insurance program pursuant to Section 201(d) of Said Aetr and the use of any assistance provided under this Contract for such acquisition or construction in such identified areas in communities then participating in the national flood insurance program shall be subject to the mandatory purchase of flood insurance requirements of Section 102(a) of said Act. Any Contract or Agreement for the sale, lease or other transfer of land acquired, cleared, or improved with assistance provided under this Contract shall contain, if such land is located in an area identified by the Secretary as having special flood hazards and in which the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4001 at seq., provisions obligating the transferree and its successors or assignees to obtain and maintain, during the ownership of such land, such flood insurance as required with respect to financial assistance for acquisition or construction purposes under Section 102(a) of the Flood Disaster Protection Act of 1973. Such provisions shall be required notwithstanding the fact that the construction on such land is not itself funded with assistance provided under this Contract. (Source: H/CD Funding Agree- ment #3) The CITY shall comply with the provisions of Executive Order 11296, relatin to evaluation of flood hazards and Executive Order 11288 relating to the prevention, control, and abatement of water pollution. (Source: Title 24 CFR 570.605 revised April 1, 1984) GD 1 2 3 4 5 6 7 8 9 10 11 121 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 I. Compliance with Air and Water Acts ibit •A' to COUNTY/CITY Contrac The CITY shall cause or require to be inserted in full in all non-exempt contracts or subcontracts for work furnished in whole or in part by the grant contracts the following requirements (provided that contracts, subcontracts and subloans not exceeding $100,000.00 (One Hundred Thousand Dollars and no/100) are exempt from this part: This Contract is subject to the requirements of the Clean Air Act, as amended 42 USC 1857 at seq., the Federal Water Pollution Control Act, as amended 33 USC 1251 at seq., and the regulations of the Environmental Protection Agency with respect thereto, at 40 CPR Part 15, as amended from time to time. In compliance with said regulations, the CITY shall cause or require to be inserted in full in all contracts and subcontracts dealing with any non-exempt transaction thereunder funded with assistance provided under this contract, the following requirements: 1. A stipulation by the contractor or subcontractors that any facility to be utilized in the performance of any non-exempt contract or subcontract is not listed on the list of Violating Facilities issued by the Environmental Protection Agency (EPA) pursuant to 40 CPR 15.20. 2. Agreement by the contractor that he will comply with all the requirements of Section 114 of the Clean Air Act, as amended (42 USC 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as amended (33 USC 1318) relating to inspection, monitoring, entry, reports and information, as well as all other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder. 3. A stipulation that as a condition for the award of the contract prompt notice will be given of any notification received from the Director of the EPA, Office of Federal Activities or any agent of the office, that a facility utilized or to be utilized for the contract is under consideration to be listed on the EPA list of -10- ✓A 3 4 5 6 71 8 9 10 11 121 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Oibit "A" to COUNTY/CITY Contract Violating Facilities. 4. An Agreement by the contractor that he will include or cause to be included the criteria and requirements in paragraph (1) through (4) of this section in every non-exempt subcontract and requiring that the contractor will take such action as the Government may direct as a means of enforcing such provisions. In no event shall any amount of the assistance provided under this contract be utilized with respect to a facility which has given rise to a conviction under Section 113(c)(1) of the Clean Air Act of Section 309(c) of the Federal Water Pollution Control Act. (Source: H/CD Funding Agreement #6) J. Management Compliance The CITY in any activity directly or indirectly financed under this contract shall comply with regulations, policies, guidelines and requirements of OMB Circular No. A-102, Revised, and Federal Management.Circular 74-4: Cost principles applicable to grants and contract with State and local governments, and Federal Management Circular 74-7: uniform Administrative Requirements for grant-in-aid to State and local governments as they relate to the application, administration, acceptance and use of Federal funds under this Part. (Source: Title 24 CPR Part 570.200(4) revised April 1, 1984) K. Obligations of Contractor with Respect to Certain Third Party Relationships The CITY shall remain fully obligated under the provisions of this contract notwithstanding its designation of any third party or parties for the undertaking of any Part of the program with respect to which assistance is being provided under this contract to the CITY. Such third party or parties shall comply with all lawful requirements of the CITY necessary to insure that the program with respect to which assistance is being provided under this contract to the CITY is carried out in accordance with the CITY's assurances and certifications, including those with respect to the assumption of environmental responsibilities of the CITY under Section 104(h) of the Housing and Community Development Act of 1974. (Source: H/CD Funding Agreement #9) -11- 11 21 31 4 5 6 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Oibit W to COUNTY/CITY Contrac, L. Interest of Certain Federal Officials No member of Delegate to the Congress of the United States and no Resident Cosnissioner, shall be admitted to any share or part of this contract or to any benefit to arise from the same. (Source: H/CD Funding Agreement #10) M. Interest of Members, Officers or Employees of CITY, Members of Local Governing Body or Other Public Officials No member, officer or employee of the COUNTY or CITY its designees or agents, no members of the governing body of the locality in which the program is situated and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract, subcontract or the proceeds thereof, for work to be performed in connection with the program assisted under this contract. The CITY shall incorporate or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of this section. (Source: H/CD Funding Agreement #11 Title 24 CFR 570.611 and 570.458(14) (M) (E), revised April 1, 1984) N. Prohibition Against Payments of Bonus or Coamiission The assistance provided under this contract shall not be used in the payment of any bonus or commission for the purpose of obtaining HDD approval of the application for such assistance or HUD approval of application for additional assistance of any other approval or concurrence of BUD required under this contract, provided, however, that reasonable fees or bona fide technical, consultant, managerial or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program cost. (Source: H/CD Funding Agreement #12) 0. Hatch Act Compliance The CITY and COUNTY shall comply with the provisions of the Hatch Act which limits the political activity of employees. (Source: Title 24 CPR Part 570.458(14) (M (X1), revised April 1, 1984) -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 26 27 28 • •chibit •A' to COUNTY/CITY Contras P. Definitions Throughout these Spacial Provisions the meaning of words shall be that meaning given by the act, regulation, Executive Order, Federal Management Circular, agreement, or rule cited herein as the source for the section in which the word app (Sources Orange County Counsel) Q. Note Federal Management Circular 74-7 has been replaced with Office of Manag and Budget (CMB) A-102. JM:bjgAMP2-5 06/16/86 -13- • EXHIBIT B SCOPE OF SERVICES When and as requested in writing by the City of San Juan Capistrano, United States Escrow, Inc., will provide escrow and related services for property improvements in connection with loans made by the City to homeowners for the rehabilitation of their property. Services shall include, but not be limited to, the areas listed below: A. LOAN DOCUMENT PREPARATION 1. In connection with each loan application, CONSULTANT shall order on request from the City the following: a. Credit Report b. Applicable CTR, PIRT or Title Report C. Appraisal 2. Upon loan approval, the City will forward to the CONSULTANT a request for Loan Documents containing required information to complete the preparation of loan documents. In accordance with the loan document request, the CONSULTANT will prepare and forward to the City the following documents: a. Control Instructions b. Promissory Note C. Notice of Right to Cancel d. Deed of Trust or other securing instrument e. Request for Notice f. Truth in Lending Disclosure Statement g. Other documents agreed to by City and Consultant 3. Upon receiving prepared documents, the City, in coordination with the borrower, will execute documents referred to above. The City will then return to the CONSULTANT the following original signed documents: a. Control Instructions b. Deed of Trust C. Request for Notice d. Agreement for Rehabilitation (copy) e. Loan Proceeds The Deed of Trust and any Request for Notice will be sent by the CONSULTANT to the appropriate County for recording. 1 B. FUNDS DISBURSEMENT SERVICES 1. Upon loan and/or grant approval, the City shall send project proceeds and completed Control Instructions to the CONSULTANT. The Control Instructions shall include the following data: a. Owner(s) name b. Consultant's name C. Job site address d. Dollar amount of funds being held e. Instructions on how funds are to be disbursed f. Original signatures of Owner and City Representative or Agent 2. When and as requested in writing by the CITY, the CONSULTANT shall provide check disbursements to parties designated by CITY in connection with loans or grants made by the CITY or its Agent. 3. Written instructions shall be in the form of an Authorization for Payment containing information regarding the amount of the disbursement, the parties to be paid, and shall contain signatures of CITY representatives authorized to request disbursements. 4. Upon receipt of the Authorization for Payment, the CONSULTANT shall identify and verify the Authorization as follows: a. Amount requested is available b. Owner's and City Representative's signatures are the same as on the original Control Instructions 5. Upon proper verification, the CONSULTANT shall prepare a check for the amount shown on the payment authorization and shall send the check to the CITY. 6. At the request of the CITY, CONSULTANT shall hold a retention fund for up to 35 days after final inspection and/or recording of the Notice of Completion. CONSULTANT shall record the Notice of Completion with the appropriate County (if applicable). 7. CONSULTANT shall supply the CITY a monthly computer printout of all transactions completed to date and the balances remaining in each account. 8. CONSULTANT shall maintain records of all accounts established under the provisions of this Agreement for a period of five (5) years after the closing of each account. CONSULTANT shall, upon request and within thirty (30) days of such request, make available all records, financial and otherwise, dealing with its activities performed pursuant to the provisions of this Agreement to authorized auditors and monitors of CITY or the U. S. Department of Housing and Urban Development. EXHIBIT C FEE SCHEDULE i In return for the services provided by the CONSULTANT, the CITY shall pay fees to the CONSULTANT according to the following schedule: A. LOAN DOCUMENT PREPARATION 1. For each loan application for which documents are prepared: $125.00 plus outside costs including, but not limited to, title, credit, and recording fees. 2. For each loan application for which title and credit report have been supplied by CONSULTANT, but which is thereafter cancelled without performance of loan document preparation or disbursement services: a cancellation fee of $37.50 plus outside costs for title and credit reports. 3. For each project for which documents have been supplied by CONSULTANT, but which is thereafter cancelled without performance of loan document preparation or disbursement services: a cancellation fee of $75.00 plus outside costs for title, credit, and appraisal reports. 4. Fee for ordering Lot Book: $65.00. B. FUNDS DISBURSEMENT SERVICES 1. For each loan application for which escrow disbursement services are performed: an additional $75.00 plus recording fees. 1 • . (o oo. 30 STATE P O. BOX 807, SAN FRANCISCO,CA 94101-0807 COMPENSATION INSURANCE r U N D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE :'OLICY NUMBER: 1141166 - 92 ISSUE DATE: 06-01-92 CERTIFICATE EXPIRES: 06-01-93 SAN JUAN CAPISTRANO COMM REDEVELOPMENT AGENCY ATTN: REGINA 32400 PASEO ADELANTO SAN JUAN CAPISTRANO CA 92615 This is to certify that we have issued a valid Workers' Compensation insurance policy +n a form approved by the Cahfornia Insurance Comm.ss,ener to the empinyer named belnw for the oolicv period indicated. This policy is not subject to cancellation by the Fund except upon 10days' advance written notice to the employer. We will also give you 10 days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. EMPLOYER'S LIABILITY LIMIT: $3,000,000.00 PER OCCURRENCE. EMPLOYER UNITED STATES ESCROW 8121 E FLORENCE DOWNEY CA 90240 RENTP LEGAL NAME UNITED STATES ESCROW A CORP. AND ALERT ESCROW A CORP PRINTED: 0�P-24-92 P0408 SM C_ c z c s� 7�0 O i C:C9 A:9 LEGAL NAME UNITED STATES ESCROW A CORP. AND ALERT ESCROW A CORP PRINTED: 0�P-24-92 P0408 SM PR9DUCER ---- --_ �ss - - - �-- UE DATE M/DD/VV)__. CERTIFICAI� OF INSURANCE ISS(M 11/27/91 _ -- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE GEORGE ELKINS COMPANY I POLICIES BELOW._ 499 N CANON DRIVE _-____ BEVERLY HILLS CA 90210 COMPANIES AFFORDING COVERAGE INSURED UNITED STATES ESCROW COMPANY 8121 E. FLORENCE AVENUE DOWNEY, CA. 90240 CO LTR COMPANY A BODILY INJURY $ LETTER THE HARTFORD INSURANCE CO NY i $ COMPANY B $ G $ j LETTER E EACH ACCIDENT $ DISEASE—POLICY LIMIT $ DISEASE—EACH EMPLOYEE $ j COMPANY LETTER COMPANY LETTER D COMPANY E ZZ� LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE (MM/DD/VV) DATE (MM/DD/YY) GENERAL AGGREGATE '2,000,000. PRODUCTS-COMPIOP AGO. '2,000,000. PERSONAL B ADV. INJURY $1,000,000. EACH OCCURRENCE $1,000,000. FIRE DAMAGE (Any one fire) $ 300,000. MED. EXPENSE (Any one person) $ in n n n GENERAL LIABILITY p V COMMERCIAL GENERAL LIABILITY !� 4 CLAIMS MADE X OCCUR. 72UUCJL6454 OWNER'S & CONTRACTOR'S PHOT. AUTOMOBILE LIABILITY ANY AUTO A ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY'_.. UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER 8/1/91 8/1/92 COMBINED SINGLE LIMIT BODILY INJURY (Per person) $1,000,000. $ 72UUCJL6454 8/1/91 8/1/92 BODILY INJURY $ (Per accident) PROPERTY DAMAGE i $ EACH OCCURRENCE $ AGGREGATE $ j STATUTORY LIMITS EACH ACCIDENT $ DISEASE—POLICY LIMIT $ DISEASE—EACH EMPLOYEE $ j I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS UNITED STATES ESCROW DOES NOT HAVE ANY OWNED AUT COVERAGE, DUE TO THE FACT THAT THERE IS NO OWNED AUTOS COVERED CERTIFICATE HOLDER CITY OF SAN JUAN CAPISTRANO 32400 PASEO ADELANTO 4 SAN JUAN CAPISTRANO, CA. 92675 ATTN: CHERYL JOHNSON CITY CLERK I ACORD 25-S CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE { EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO ! MAIL _30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE Iy LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. i AUTHORIZED REPRESE ITATIVE I CACORD CORPORATION 19901 ACIIIsI�. CERTIFICA% OF INSURANCE ISSUE DATE (MM/DD/YY) 1 10/15/91 PPgDUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND j CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE GEORGE ELKI NS COMPANY DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE ._ POLICIES BELOW_ 499 NORTH CANON DRIVE BEVERLY HILLS, CA 90210 COMPANIES AFFORDING COVERAGE COMPANY LETTER A THE HARTFORD INSURANCE COMPANY -.COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DDIYY) DATE (MM/DD/YY) GENERAL LIABILITY )( COMMERCIAL GENERAL LIABILITY A CLAIMS MADE )( OCCUR. OWNER'S & CONTRACTOR'S PROT. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER GENERAL AGGREGATE $ COMPANY B INSURED 2,000,000 LETTER $ 1,000,000 EACH OCCURRENCE COMPANY C UNITED STATES ESCROW COMPANY LETTER MED. EXPENSE(An y we person) $ 8121 E. FLORENCE AVENUE COMPANY DOWNEY, CA 90240 LETTER D $ COMPANY E I BODILY INJURY LETTER -.COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 'CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MM/DDIYY) DATE (MM/DD/YY) GENERAL LIABILITY )( COMMERCIAL GENERAL LIABILITY A CLAIMS MADE )( OCCUR. OWNER'S & CONTRACTOR'S PROT. AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY OTHER GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG. $ 2,000,000 p O 72UUCJL6454 8/01/91 8/01/92 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 300,000 i MED. EXPENSE(An y we person) $ COMBINED SINGLE LIMIT BODILY INJURY $ (Per person) I BODILY INJURY $ (Per accident PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ STATUTORY LIMITS EACH ACCIDENT $ DISEASE—POLICY LIMIT $ DISEASE—EACH EMPLOYEE $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER IS HEREBY INCLUDED AS ADDITIONAL INSURED AS THEIR INTEREST MAY APPLY. .CERTIFICATE HOLDER CANCELLATION i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I CITY OF SAN JUAN CAPISTRANO EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO COMMUNITY REDEVELOPMENT AGENCY MAIL _30-- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR 32400 PASEO ADELANTO LIABILITY OF ANY KIND UPON THE COPA Y, ITS AGENTS OR REPRESENTATIVES. AU ORIZ SAN JUAN CAPISTRANO, CA 92675 __ED __ _ _! PRESENTATIVE �j�/ ,L, L_ / /je ACORD 25-S (7/90) !� OACORD CORPORATION 1990 0 0 LIABILITY ENDORSEMENT CITY OF SAN JUAN CAPISTRANO RECEIVED COMMUNITY REDEVELOPMENT AGENCY 09-0 Q 1991 32400 Paseo Adelanto San Juan Capstrano, California 92675 ' ATTN: � IC G i N A A. POLICY INFORMATION Endorsement, '11 1. Insurance Company HARTFORD INSURANCE CO; Policy Number IN PRDf,RFgg nF itgiiAurF 2. Policy Term (From) 01/91 To) 8/01/92 ;Endorsement Effective Date rninriar 3. Named Insured UNITED STATES ESCROW 4. Address of Named Insured 8121 FLORENCE AVE 5. Limit of Liability Any One Occurrence Aggregate 1,000,000 2,nnn,nnn General Liability Aggregate (check one:) Applies "per location/project" PER p0L Icy Is twice the occurrence limit 6. Deductible or Self -Insured Retention (Nil unless otherwise specified): $ NIL 7. Coverage is equivalent to: Comprehensive General Liability form GL0002 (Ed 1/73) XX Commercial General Liability "claims -made" form CG0002 8. Bodily Injury and Property Damage Coverage is: "claims -made" XX "occurrence" If claims -made, the retroactive date is "/m B. POLICY AMENDMENTS This endorsement is issued in consideration of the policy premium. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or any other endorsement attached thereto, it is agreed as follows: 1. INSURED. The City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, or (c) premises owned, leased or used by the Named Insured. 2. CONTRIBUTION NOT REQUIRED. As respects: (a) work performed by the Narrled Insured for or on behalf of the City; or (b) products sold by the Named Insured to the City; or (c) premises leased by the Named Insured from the City, the insurance afforded by this policy shall be primary insurance as respects the City, its elected or appointed officers, officials, employees or volunteers; or stand in an unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any other insurance maintained by the City, its elected or appointed officers, officials, employees or volunteers shall be in excess of this insurance and shall not contribute with it. (OVER) 3. SCOPE OF COVERAGE. This policy, if primary, affords coverage at least as broad as: (1) insurance Services Office form number GL 0002 (Ed. 1/73), Comprehensive General Liability Insurance and Insurance Services Office form number GL 0404 Broad Form comprehensive General Liability endorsement; or (2) Insurance Services Office Commercial General Liability Coverage, "occurrence" form CG 0001 or "claims -made" form CG 0002; or (3) If excess, affords coverage which is at least as broad as the primary insurance forms referenced in the preceding sections (1) and (2). 4. SEVERABILITY OF INTEREST. The insurance afforded by this policy applies separately to each insured who is seeking coverage or against whom a claim is made or a suit is brought, except with respect to the Company's limit of liability. 3. PROVISIONS REGARDING THE INSUREDS DUTIES AFTER ACCIDENT OR LOSS. Any failure to comply with resorting provisions of the policy shall not affect coverage Provided to the City and the Community Redevelopment Agency, its elected or appointed officers, officials, employees or volunteers. 6. CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail return receipt requested has been given to the City. Such notice shall be addressed as shown in the heading of this endorsement. C. INCIDENT AND CLAIM REPORTING PROCEDURE Incidents and claims are to be reported to the insurer at: ATTN: INSURANCE / CLAIMS DEPARTMENT Title Department GEORGE ELKINS COMPANY Company 499 NORTH CANON DRIVE (Street Address BEVERLY HILLS CA 0210 City State Zip Code Q13) 272-3456 Telephone D. SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, LORI ANDELSON . (print/type name), warrant that I have authority to bind the below listed insurance company and by m ignature hereon d bInd 'mpany. a.y . SIGNATURE R ZED REPRESENTATIVE (original signature required on endorsement furnished to theCity) CRCf4VIZATIQV: 0'2 TITLE: A ]CRESS: TELEPHTE: ( ) STATEOC t P.O. BOX 807, SAN FRANCISCO, CA 94101-0807 COMPENSATION I N S U R A N C E FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE UCT06ER 16P 19,1 POLICYNUMBER: 1141166 — 91 CERTIFICATE EXPIRES: —1-9z r SAN JUAN CAPIST'It.ANO COMM-.V-DtVcLOPMf=NT A,,t-VCY ATTN." R G(, INA 32400 'PASSU ADcLANTO SPN JUAN CAPIStftANO CA 92611 L This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon ten days' advance written notice to the employer. We will also give you TEN days' advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate of insurance 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. PRESIDENT r L EMPLOYER UNITED STATES rz;CIiON AND AL( -,ERT ESC40ix 3121 E FLOntNC _ DCWNtY CA 9(;L40 SCIF 10262 (REV. 10-86) OLD 262A MEMORANDUM TO: Cassandra Walker, Community Development Manager FROM: Dawn M. Schanderl, Records Coordinator 6 6-7-�� DATE: October 17, 1991 SUBJECT: Insurance Update - United States Escrow Company I have received the general liability certificate of insurance and the additional insured endorsement. I still need the automobile liability and workers' compensation. cc: Cheryl Johnson, City Clerk 0 MEMORANDUM f TO: Cassandra Walker, Community Development Manager d FROM: Dawn M. Schanderl, Records Coordinator /� DATE: October 22, 1991 SUBJECT: Insurance Update - United States Escrow Company I have received all required insurance except automobile liability. cc: Cheryl Johnson, City Clerk I I,� IA(�A.OAA�I6 muol+io �1961 1776 September 19, 1991 United States Escrow, Inc. 8121 East Florence Avenue Downey, California 90240 Re: Consulting Services Agreement Gentlemen: MEMBERS OF THE CITY COUNGL LAWRENCE F BUCHHEIM KENNETH E FRIESS GARY HAUSDORFER GIL JONES JEFF VASQUEZ CITY MANAGER STEPHEN 8 JULIAN Enclosed for your records is a fully -executed copy of the Agreement for Consulting Services to manage the Housing and Community Development Block Grant Fund Disbursement and Loan Program. Section 19 of the Agreement sets forth the insurance requirements. These requirements are to be met before work commences; compensation will not be received until all insurance provisions have been satisfied. Please forward the required certificates to the City Clerk's office, attention Dawn Schanderl. I have enclosed the City's endorsement form for your use in meeting the insurance requirements. Thank you for your cooperation. If we can be of further assistance, please call. Very truly yours, Cheryl Johns City Clerk Enclosure 32400 PASEO ADELANTO. SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171