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Western Inc dba WSH Management; 2024-12-18; PSA25-01AH
PSA25-01AH Page 1 City Attorney Approved Version 5/22/2024 AGREEMENT FOR PROPERTY MANAGEMENT SERVICES FOR TYLER COURT APARTMENTS WESTERN SENIORS HOUSING, INC. DBA WSH MANAGEMENT THIS AGREEMENT is made and entered into as of the ______________ day of _________________________, 20___, by and between the City of Carlsbad, California, a municipal corporation ("City") and Western Seniors Housing, Inc. dba WSH Management, a California corporation, ("Contractor"). RECITALS A.City requires the professional services of a property management company that is experienced in management and operations of senior apartments. B.City requires on-site management services for Tyler Court Senior Apartments, located at 3363 Tyler Street, Carlsbad, CA 92008. C.Contractor has the necessary experience in providing professional services and advice related to on-site property management for senior apartment rentals. D.Contractor has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A," which is incorporated by this reference in accordance with this Agreement’s terms and conditions. 2.STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California area and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective for a period of nine months, effective Dec. 19, 2024 through Sept. 18, 2025. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the Agreement term shall be $63.65 Per- Unit-Per-Month (PUPM) for 73 rental units, payable on the first business day of each month, not-to- exceed $45,000 per Agreement term. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A." 6.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 18th December 24 PSA25-01AH Page 2 City Attorney Approved Version 5/22/2024 Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the indemnification amount from any balance owing to Contractor. 7.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATION Contractor agrees to defend (with counsel approved by the City), indemnify, and hold harmless the City and its officers, elected and appointed officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney’s fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction. Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault. The parties expressly agree that any payment, attorney’s fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City’s self-administered workers’ compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH Page 3 City Attorney Approved Version 5/22/2024 10.INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California’s List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an “occurrence” basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH Page 4 City Attorney Approved Version 5/22/2024 10.2.3 If Contractor maintains higher limits than the minimums shown above, the City requires and will be entitled to coverage for the higher limits maintained by Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City.” 10.2.4 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11.BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12.ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of four (4) years from the date of final payment under this Agreement. 13.OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor’s records. 14.COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. /// /// Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH Page 5 City Attorney Approved Version 5/22/2024 15.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For City: For Contractor: Name Christian Gutierrez Name Jennifer Jones Title Housing Services Manager Title Vice-President Dept Housing and Homeless Services Address 18881 Von Karman Ave. Suite 720 Irvine, CA 92612 CITY OF CARLSBAD Address 1200 Carlsbad Village Dr. Phone 949-748-8204 Carlsbad, CA 92008 Email jenniferj@wshmgmt.com Phone 442-339-2299 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16.CONFLICT OF INTEREST Contractor shall file a Conflict-of-Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests as required in the City of Carlsbad Conflict of Interest Code. Yes ☐ No ☒ If yes, list the contact information below for all individuals required to file: Name Email Phone Number 17.GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH City Attorney Approved Version 5/22/2024 Page 6 18.CALIFORNIA AIR RESOURCES BOARD (CARB) ADVANCED CLEAN FLEETS REGULATIONS Contractor’s vehicles with a gross vehicle weight rating greater than 8,500 lbs. and light-duty package delivery vehicles operated in California may be subject to the California Air Resources Board (CARB) Advanced Clean Fleets regulations. Such vehicles may therefore be subject to requirements to reduce emissions of air pollutants. For more information, please visit the CARB Advanced Clean Fleets webpage at https://ww2.arb.ca.gov/our-work/programs/advanced-clean-fleets. 19.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 20.DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 21.TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. City may terminate this Agreement by tendering thirty (30) days written notice to Contractor. Contractor may terminate this Agreement by tendering ninety (90) days written notice to City. In the event of termination of this Agreement by either party and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 22.COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH City Attorney Approved Version 5/22/2024 Page 7 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 will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 23.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 24.JURISDICTION AND VENUE This Agreement shall be interpreted in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 25.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 26.THIRD PARTY RIGHTS Nothing in this Agreement should be construed to give any rights or benefits to any party other than the City and Contractor. 27.ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. This Agreement may be executed in counterparts. Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH City Attorney Approved Version 5/22/2024 Page 8 28.AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this___________ day of _______________________, 20____. CITY OF CARLSBAD, a municipal corporation of the State of California CONTRACTOR WESTERN SENIORS HOUSING, INC. DBA WSH MANAGEMENT, a California corporation By: By: (sign here) Geoff Patnoe, Assistant City Manager Anthony Sandoval/President & CEO (print name/title) ATTEST: By: SHERRY FREISINGER, City Clerk (sign here) By: Cruz Guardado/Secretary Tammy McMinn, Senior Deputy City Clerk (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups. Group A Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney BY: _____________________________ Allegra Frost, Senior Assistant City Attorney Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 18th December 24 fu{f P~t- PSA25-01AH EXHIBIT "A" SCOPE OF SERVICES The following management plan is proposed for Tyler Court Senior Apartments. 1.The Role and Responsibility of the Owner and the Relationship and Delegations of Authority to the Managing Agent. a.The resident manager will supervise the activities of the administrative and maintenance staff. The resident manager is directly responsible to the Managing Agent and will be directed by the Managing Agent who will set forth the requirements of day-to-day operations. On-site office hours are Mon to Fri, 9 a.m. to 5 p.m.; and include on-call emergency service 24-7. b.The Managing Agent will make all decisions empowered within the executed contract regarding operations without consulting the Owner, including events of extreme emergency. The Managing Agent will notify the Owner as soon as possible after any emergency response decisions or actions have been required. c.The Managing Agent will consult the Owner regarding all policy matters which the Agent is not authorized to handle within the terms of the management agreement, and on all matters, which are of significance to the project. The Managing Agent will meet with the Owner at regular intervals established by the Owner to review all property business and to update the management plan as directed by the Owner. 2.Personnel Policy and Staffing Arrangements. a. All employees will be employees of the Agent, not the Owner. All hiring will be in strict conformance with equal employment opportunity requirements provided by the Department of Fair Employment and Housing in regard to race, color, religion, sex, handicap, familial status or national origin. b.The staffing plan for this property will include a manager, resident services coordinator, assistant manager, maintenance technician, and porter. Job Descriptions Overview- Property Manager: The property manager of the project will direct the operations of the project in accordance with the policy, guidance, and procedures prescribed by and under direction of the Managing Agent. Job performance is reviewed for adequacy and conformance with established Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH procedures and requirements of the position. A complete job description for this position is attached. The major duties include: Supervision and direction of all site staff positions. Coordinating participation of applicants for the Re-Housing Set Aside Program (RSAP) in partnership with the City agencies and affiliates. Establish positive resident relations, and promote harmonious relations among residents, housing personnel and representatives, and the neighboring community. Resolve resident complaints on a timely urgent basis and within the guidelines of the Resident Grievance and Appeals procedure. Maintain working relations with the police and fire departments, government officials, and other community resources that are programmed and designed to assist residents. Oversight to keep building in good repair, and grounds areas and public areas clean which present a good appearance/curb appeal. Be responsible for the preventive maintenance and current maintenance of buildings, electrical, plumbing, heating, air conditioning, irrigation, and mechanical systems per requirements of the Managing Agent. Instruct and educate residents on procedures and practices to follow concerning utility conservation and the operations of appliances, safety equipment, fire prevention, and preventive maintenance. Keep informed on changes in local rental, tax and utility rates, and other activities that would affect the tenancy of the project. Collect and deposit all monies collected from tenants and other services within 24 hours or next business day, as directed by the Managing Agent. Oversight of all residential leases, amendments, renewals for residents; and the leasing and qualification process for applicants from acceptance of application through move-in or cancellation. Maintain the regulatory compliance and organization of the resident files with the requirements specific to this property, and as prescribed by the Director of Compliance. Maintain building and ground safety and fire prevention programs. Develop an Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH emergency preparedness plan for residents and in conjunction with the fire department educate the procedure for residents to follow in case of fire, earthquake or other emergencies. Maintain an inventory of supplies, tools, equipment, and all property owned by the project. Obtain labor and material costs, permits, and work completion estimates for major repairs, renovation or replacement of equipment, and in compliance with the management agreement parameters. Assist applicants regarding questions in preparing applications for residency following the compliance regulations, as appropriate and adhering to all Fair Housing guidelines. Participate and successfully complete all training sessions as requested and required by the Managing Agent. These include but are not limited to State of California legal updates pertaining to Landlord Tenant Law, pertinent regulatory compliance training, Fair Housing, sexual harassment training, and Active Shooter training. Trainings are provided in a variety of offerings online, annually, and at the monthly manager meetings. Maintain Wait List in accordance with established regulations and rules. Resident Services Coordinator: This is a recently added staff position upon approval from the City of Carlsbad. The RSC is responsible for coordinating, advocating, and obtaining services for residents to support them in achieving long-term housing stability, independence, self-sufficiency, community integration and wellness in the community. See Job Description. Assistant Manager: The assistant manager supports the role and objectives for the smooth operations of the business and leasing office as directed by the Property Manager. They maintain accurate financial records, assist with leasing available apartments, marketing, affordable housing compliance, and support positive resident relationships and activities. They process invoices, resident rent payments, and maintain proper order of accounting records. Job description attached. Maintenance Technician: The maintenance technician will perform maintenance and janitorial tasks as directed by the Property Manager, following the protocol for work order processing and completion. See attached Job Description. Porter: The porter ensures that all common areas are kept clean, including community room, public restroom, office, laundry rooms, elevators, entry areas, parking areas, interior courtyard, exterior patio, and walkways. This position also provides turnover cleaning for apartments at the time of move out. See attached Job Description. Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH 3.Affirmative Fair Housing Marketing Plan a.Agent is responsible for marketing the property and will abide by all applicable fair housing laws and an approved Affirmative Fair Housing Marketing Plan. b.Advertising, as needed, in English, Spanish and other languages will be done as appropriate within Fair Housing laws to sustain occupancy goals and within budget guidelines. This may include online website presence advertisement, flyers distributed to local and county area organizations associated with the senior market, internet listings affiliated with rental and affordable housing, participation in property management website, and signage/banners if necessary and allowed by code. c.Community outreach will be ongoing and will include those groups least likely to know about Tyler Court Senior Apartments, so that prospective residents within those groups feel welcome to apply. Outreach also includes agencies and organizations serving the special needs populations. d.Upon direction from the City of Carlsbad for the RSAP program, WSH supports the referrals presented and preference will be given as directed by Owner and regulations, in renting to seniors who are homeless or displaced from housing by governmental assisted housing developments, or by other governmental actions or natural disasters by contacting the agency responsible for tenant displacement for such events. Reasonable Accommodations will be offered upon request as they relate to disabilities. e.All advertising, electronic or printed, will identify Tyler Court Senior Apartments with the international symbol of handicapped accessibility and the Fair Housing Equal Opportunity logos in addition to our DRE Broker's License for the property. f.All resident requests for Reasonable Accommodations or Modifications will be managed in accordance with the law. The Agent will follow established policies and procedures to document all requests. g.Agent will utilize any existing waitlist and will record updates and follow established procedures in an excel spreadsheet format. 4.Procedures for Determining Resident Eligibility and for Certifying and Recertifying Income All residents are selected in accordance with the approved management plan and an Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH approved resident selection criteria. a. All interested age-qualified persons may obtain and submit an application for housing. All personnel handling the selection of residents and the processing of applications are required to be knowledgeable and reference the Online Policies and Procedures manual, which encompasses the occupancy and continuing compliance requirements. b.According to the Wait List, completed applications are processed in chronological order of the date the fully completed application was received based on eligibility within the parameters for income and rent and unit size. Additionally, applications will be logged by date and time when received. An application fee of $25 per applicant will be charged, and $15 application fee for a documented Live-In Care Attendant. The application fee is a direct expense incurred for the processing of the credit and background screening. c.The resident manager is thoroughly trained by the Agent pertaining to the program requirements and California Landlord Tenant Law including, but not limited to: Fair Housing, Harassment, Interviews, Resident Selection, Certification and Recertification requirements, and the Lease, including all Addenda. d. Each month the project will be audited by the Agent for compliance to make certain that all requirements are adhered to. Additionally, every future resident file is audited by the Director of Compliance prior to move in to ensure accuracy of income and asset qualification. 5.Leasing and Occupancy Policies a. All interested applicants are provided an application, copy of the Resident Selection Criteria, and Notice of Rights under VAWA. A description of occupancy standards is described in the Resident Selection Criteria. Refer to attached Application Package. Applicants being referred through the RSAP City of Carlsbad are offered a Resident Selection Criteria specifically tailored to the RSAP, and includes an offer of a Reasonable Accommodation, if applicable. b.Prospective residents will complete an application. This is designed to give the resident manager basic required data about the resident with which the manager can determine whether there are factors of age, income, family size, or others that would effectively eliminate the applicant from further consideration. It also gives the resident manager a chance to meet and talk with the prospect prior to beginning the Agency paperwork. The Rental Application authorizes credit/criminal Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH background report be obtained for each applicant after it is determined that the applicant(s) qualifies with regard to the Agency guidelines for income, in addition to prior landlord reports. Income verification authorization forms will be signed by the prospective resident. It will be explained at that time that their credit and background will be thoroughly investigated. The resident manager will request that the prospective resident give any information in advance of any unusual situation that the manager is likely to encounter in performing the screening of prospective resident. In this way, prospective residents have an opportunity to explain in advance, any unresolved credit problems, unfavorable reports from former landlords, criminal background and other factors, which might otherwise disqualify them. In the event an applicant screening result is declined or deemed a conditional approval, an adverse action letter is provided to the applicant which offers the opportunity for them to work with the credit screening entity to resolve any issues. As verification forms are completed, the resident's file is assembled. The resident manager will evaluate each resident in light of the information in his or her file as well as the objectives established for the project by the Owner. The resident manager and Agent's Compliance Department will determine which residents are qualified to be accepted for residency in the community. c.After it is determined that the prospective resident meets all required criteria for qualification, the resident manager will meet with the resident to select an apartment, complete a 'Holding Deposit Agreement" and collect the established refundable "Holding Deposit". d.On the scheduled move-in day the future resident will schedule an appointment to come to the office for orientation, to complete all move-in paperwork. All move-in paperwork must be completed on the day the lease is signed or based on circumstances maybe a day or two in advance. Keys are not given out until the lease start date and all move-in monies have been paid and paperwork is completed. e.New residents will receive an orientation to the building including a review of all documents prior to signing, building rules, locations and availability of staff and services, information on utility rate assistance programs, review of the physical layout of the grounds and will have any questions answered. A copy of the Grievance Procedure (see attached) is also provided and posted in the community room so they know who to call if they have an issue/complainUconcern during their residency. The resident will be given copies of any signed documents and keys will be issued. f.At the time of orientation, residents will be introduced to the program Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH philosophy, values, and principles regarding respecting the safety of all residents and to display respect for other residents in a community living environment. g.At this time, forms written in languages other than English are not planned. Those who are not bilingual have friends or family who translate and many of the residents are able to act as translators when necessary. A translation service may be coordinated if needed. h.Resident files are maintained at the project site and available to Ownership for their inspection at all times. These files include Application, Regulatory Qualification, and Income Verification forms, all Move-in documentation. 6.Rent Collection Policies and Procedures a.All rents are due on the first day of the month. However, all residents are given until close of business on the fifth of each month (or the next business day if the 5th falls on a non-business day to pay their rent in full prior to a late charge being assessed.) Three-day notices are delivered on the 6th to residents who have not paid by the 5th. All rent payments are to be delivered to the on-site office during normal office hours, which are posted in the office or mailed to the office. Any resident who has not paid their rent before the end of the fifth day of the month will receive a late charge assessment. Said late charge will be levied against the resident, however, eviction proceedings will not be instituted against the resident for nonpayment of late charges. A 3- Day Notice to Pay will be served upon all tenants who have not paid by the 6th day of the month. If a resident regularly receives a check later in the month, documentation will be requested for consideration of the modified rent due date to be adjusted accordingly so as not to impose a hardship on that resident. b.The resident manager is responsible for the collection of all rents and the issuance of all rent receipts upon request. Cash payment will not be accepted. All payments are made by check, cashier's check or money order. The payee field must be completed, never left blank when presented to the office. c.Rent payments, as they are received, are entered into the Yardi accounting system, using CheckScan and the on-site office computer. Upon request the rent receipt that the resident receives will include the name of the project; the amount of money receipted for and is signed by the authorized person receiving the funds. We encourage all residents to keep their receipts for their own protection. All funds received are deposited within 24 hours of receipt inthe operating account. The Agent Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH maintains an operating account as well as a separate security deposit account. d.The required security deposit will be based on the results of the applicant screening report. A conditionally approved credit report will result in a higher security deposit. All applicants will also have the option of using a surety bond for their security deposit through Sure Deposit which allows for a reduced security deposit if resident chooses the Sure Deposit option. Additional deposits will be required for pets and remote control devices, if applicable. In compliance with Landlord Tenant Law, no additional deposit is accepted for Service Animals. Upon termination of the lease, deposit will be refunded to the former resident within 21 days, except as may be legally used by the Owner toward reimbursement of the cost of repairing any damage to the property (normal wear and tear excepted) caused by the resident or his family or guests, and any rent or other charges owed. The Owner shall provide the resident within 21 days an itemized statement of any security deposit retention and any charges in excess of $125 will include copies of invoices. Charges against the deposit in excess of the total deposit will be turned over to a collection agency or SureDeposit if the resident participated in that program. 7.Procedure for Resident Complaint Resolution When a resident complaint arises the first point of contact should be the Resident Manager. The resident manager will respond to a complaint within 24 hours of receipt of the complaint during business hours and will investigate the complaint. The Resident Manager will communicate to the complainant the proposed resolution of the complaint. If the complainant is not satisfied with the resolution from the Resident Manager, the complaint will be reviewed by the Vice President of WSH for resolution and if necessary an in-person meeting will be arranged to discuss with all parties involved in the complaint to get consensus on a resolution. If resolution is still not successful, the complaint will be reviewed by the President of WSH. If the issue is still unresolved, mediation will be attempted with an impartial entity. 8.Budget Procedures and Requesting and Implementing a Rental Increase a.Budgets will be developed at the site level by the Property Manager for presentation to the Vice President for review, modification if necessary, and then presented within the City budget deadline requirements. Rent increases shall be anticipated and implemented upon direction by the Owner and recommendation from Managing Agent. The Project's senior management representative, in consultation with the property manager, shall prepare the Annual Fiscal Operating Budget for the approval of the Owner. All rent increases will beimplemented in conformance with the requirements of the property regulations, and in conformance with State and Federal low-income bond housing programs. Rent increases for units occupied by holders of Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH Housing Choice Vouchers shall be coordinated with the local Housing Authority. Voucher rent increase requests on-site will be processed 60-90 days prior to the end of the resident's move-in anniversary. It is anticipated that rent increase would not be more than once a year. Once it has been determined by an Owner that a rental increase is necessary, the Managing Agent will adhere to any and all program requirements and with California State Law. b.Upon Owner approval, the Agent will be responsible for all processing of rental increases and timely subsequent lease addendum to update changes. 9.Plans For An Effective Maintenance and Repair Program a.Preventative maintenance is an important part of our maintenance program. All appliances, water heaters, AC/heaters, weather-stripping, windows, fans, and smoke detectors are inspected on a regular basis. Each apartment unit is inspected semi- annually to ascertain the condition of all items and ensure timely repairs as necessary. This is a part of the normal preventative maintenance program; in addition, all appliances and mechanical equipment will be inspected prior to initial occupancy and prior to each resident occupying the unit thereafter. b. Copies of the "as-built" plans will be referenced if provided by the Owner and maintained on-site. In the case of any future authorized work, it will be the responsibility of the contractor or subcontractor to provide the Owners and Agent with "as-built" updated plans and specifications upon the completion of their work. Required permits will be obtained. c.General Maintenance Procedures: (1)Should a warranty item or plumbing/electrical problem be involved, a local professional or the building contractor will be contacted. Any regularly scheduled major improvements will be coordinated with the Managing Agent and Owner for approval prior to commencement of work and required permits obtained. All vendors who perform onsite work are required to be authorized through Compliance Depot to ensure proper insurance coverage and 19 are current and sufficient. (2)City, State, and Federal regulations will be complied with as to the installation and maintenance of fire alarm systems, sprinkler systems, smoke detectors, and fire extinguishers. A certified vendor will conduct annual fire alarm system inspections and quarterly fire sprinkler inspections. Smoke detectors are checked at least twice a year during maintenance inspections. The Maintenance Technician also inspects smoke detectors of vacant units. Fire extinguishers are checked during monthly safety inspections to ensure Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH service dates are current and have not lapsed. Outside lighting will be provided as required for proper security on the project. Outside lighting is checked on a regular basis to ensure proper light coverage and bulbs are operational. (3)When a resident gives notice to vacate the unit, the resident manager is required to provide a Pre Move Out Inspection offer to inspect the apartment to give the resident on Notice the opportunity to resolve any damage and/or housekeeping deficiencies in advance of move out. Immediately following a move-out inspection will be performed for the apartment turnover including the appliances of that unit to ascertain whether or not there has been any damage or any maintenance is required. Any necessary work is entered into a work order, which then is performed by the maintenance staff. All work must be completed prior to re-renting the unit and meet the standards of the property manager. (4)Each unit is inspected semi-annually to ensure safe and sanitary living conditions and to determine the need for any unreported necessary maintenance work. At five-year intervals, each apartment unit may become eligible for repainting for an existing resident. If the unit is in need of repainting, it is then put on the paint schedule and completed by staff or vendor. Repainting of a unit will include doors and trim. Window coverings are inspected each time a unit is vacated. If the window blinds are worn, they are replaced at that time. For long-term residents, the window blinds are inspected at the time of semi-annual inspection. After five years, the unit would become eligible for new window blinds. The exterior of the project is monitored regularly to determine the need for repainting. The repainting of exterior trim, fences, and doors will begin as needed after approximately three years. We do not anticipate the need to repaint stucco for several years; however, this will be requested for owner approval and performed as necessary. Any painting done to the exterior of the building will be done by a State of California licensed contractor. (5)All major repairs that are beyond the capabilities of our own maintenance staff will be handled on a contract basis, notwithstanding emergencies. We will solicit bids from three qualified subcontractors on all major repairs and replacements, if possible, to be assured the best possible quality and price. In case of emergency, the resident manager along with the Vice President will use good judgment on how to best handle the situation. In any emergency situation, the resident manager will contact the Managing Agent and the City of Carlsbad as soon as possible with a full report of the situation and resulting action. Professional landscapers will carry out the upkeep and maintenance of the grounds. Outside contract labor or contractors may be used for exterior Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH painting, parking lot sweeping, major landscape renovation, exterminating, major air conditioning and plumbing, and elevator services. (6)Garbage and trash removal is handled by a contractor. (7)The on-site staff will also be responsible for the cleanliness of the common areas of the community. On a daily basis, staff will walk the grounds and common areas to check for cleanliness and tidiness. Although the Porter and Maintenance staff are specific positions to ensure cleanliness and maintenance, however, it is the job of all staff to address litter and debris and to identify anything that may be a safety hazard. (8)Maintenance calls will be handled by work order only. Residents are not to do their own repairs. Any resident with a maintenance issue will contact the office detailing the problem or assistance requested. After office hours calls will be handled by the answering service who will dispatch the Service Technician if it is determined to be a maintenance emergency, e.g. fire, flood, toilet plumbing, or lockout. The resident will be required to authorize management to enter the apartment to make the necessary repairs. Damages specifically caused by and attributable to the resident will be billed to the resident. When parts must be ordered before a repair can be made, the resident will be advised and given an approximate date when the repair will be made. Emergency problems will receive immediate attention. Non-emergency problems will receive 24-hour service. Work orders are tracked using Yardi (property management computer software program). Two copies of each work order are printed with one left in the resident's apartment and one kept on file by apartment number once the work is completed. (9)Safety is the most critical focus of ALL members of our staff. A daily property walk is performed by staff for alerts for items that may present a hazard or safety concern. A monthly Safety Inspection Checklist is performed regarding all aspects of the physical condition of the property and its components. (10)Apartment inspections of every unit are performed on a semi-annual basis. This helps with preventive maintenance and allows an opportunity to discover deferred maintenance with plumbing, electrical, smoke detectors, etc., in addition to potential health, sanitary and safety concerns related to housekeeping or the overall condition of the apartment. d.All equipment and supplies are purchased only after shopping for the best price. Three bids will be required, if possible, for any unbudgeted major equipment purchase. Neither the Owner nor the Agent has any identity of interest with any supplier of products or services on the project. Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH Our properties do not have a purchase order system, however, Yardi software system keeps record of all maintenance. The resident manager and/or the maintenance technician order all goods and services through the approved vendors. The resident manager is to ensure goods were received, services were accomplished and acceptable and verifies invoices. Either the Resident Manager or Assistant Manager enter all invoices through the Yardi PayScan function and provided the First Approval, and then payments are Second Approval by the Vice President, after which FINAL Approval is completed and processed through the corporate office accounting department. 10.Plans and Procedures for Providing Supplemental Services a.Laundry machines are provided by vendors. The laundry vendor owns all vending services and equipment. Cash collected is paid in the form of a check to the appropriate property and is deposited into the general operating account. b.All equipment will be owned by the laundry vendor. c.Laundry vendor forwards a monthly check to be deposited into the operating account of the project. No cash is accepted. d. Laundry vendor will be responsible for all maintenance, servicing, and stocking any machines. e.Laundry contracts are normally renewed every five (5) years at which time the terms and conditions are renegotiated. A new contract is written and signed by both parties. This is the Managing Agent standard contract. Vending machine contracts are negotiated in the same fashion as laundry contracts, but as of this date do not apply to Tyler Court. 11.PLANS FOR MAINTAINING ADEQUATE ACCOUNTING RECORDS a. All project records will be developed by the Agent and maintained in accordance with Agency regulations and policies governing fiscal operations, accounting and financial reports for multifamily housing projects, and will comply with generally accepted accounting procedures. Required Yardi financial reports will be prepared and submitted from the Managing Agent to the Owner using a modified cash reporting system. The Agent will be responsible for the preparation of and submission of the monthly cash flow report. In addition, the Agent will be responsible for the preparation and submission of the Annual Operating Statement. The Owner will contract for the annual audit. The Agent will cooperate with and make all records available to the CPA for the Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH preparation of the audit. b. Project funds will never be co-mingled. The accounting records will be set up and maintained by the Agent in the Agent's office. The records will be kept on a modified accrual basis and will comply with generally accepted accounting practices. The accounting department will be responsible for the preparation and submission of the quarterly and annual reports to the lender, if necessary. c. An independent CPA not associated with the project will provide the annual audit or review upon direction of the Owner. d. Individual folders will be kept on the project site for all residents and will contain completed applications, verification of income and certification, lease agreement, security deposit, rent receipts, and correspondence. All files for residents who have vacated an apartment will be kept a minimum of seven (7) years and in accordance with the regulatory agreement. The original first-year files will be kept stored as directed. Scanned copies of all tenant certifications are also maintained at the agent's office. e. Resident records will be retained at the resident manager's office and will be available during normal business hours for review. Accounting records will be maintained at the Agent's office and will be available during normal working hours for review. All records are maintained for a minimum of seven years. 12. ENERGY CONSERVATION MEASURES a. Each resident will be in direct control over his or her consumption of gas and electricity. The manager will carry out orientation programs to educate the residents in regard to the conservation procedures. Each resident will be advised on how to best maintain their equipment to the best of their ability and to call the office for assistance for those who are unable to maintain the equipment. Items such as filter changes, thermostat settings, and water temperature control will be an integral part of the program. b. There are no conservation practices that the management has complete control over, however, management will be involved in conservation at all levels. Particular attention will be paid to the conservation of energy in all common areas of the project. c. The management will provide filters as necessary to keep the HVAC clean and efficient as well as make service calls on all HVAC that are not operating properly. At the time of the maintenance visit, the maintenance staff is instructed to educate the residents with regard to the conservation of utilities. Additionally, with each visit to a unit, the maintenance staff is instructed to inspect the plumbing connections under the sinks for malfunctions. The manager will make available free pamphlets distributed through the utility companies with household hints on conservation when available. 13. RESIDENT COUNCIL a. Residents may form a council, if desired, to plan community events, get Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH togethers, parties and potluck dinners. Managing Agent will attend council meetings, if asked, and will respond to all resident issues arising at such meetings. b. The resident manager will be well trained and knowledgeable in the area of resident grievance procedures. 14. PLANS FOR MANAGEMENT TRAINING PROGRAMS a. WSH maintains our own training program. Supervisors will thoroughly train new hires in the areas of company policies and procedures, regulatory or other program compliance, and supervisors handbook. All new managers are required to attend and successfully complete Agent-sponsored training courses. b. When a new manager is hired at any property, the manager trainee is put through our training program, which includes all aspects of the particular program under which he or she will be working as well as our management and safety programs. In addition, we conduct periodic safety programs. 15. TERMINATION OF LEASE AND EVICTIONS a. The lease agreement outlines all provisions and procedures for the Managing Agent to evict a resident. All legal efforts will be made to resolve issues that are in direct violation of the Rental Agreement so that it does not result in eviction. If a resident violates their Rental Agreement the 1st step is a private meeting in the office to discuss the issue. This is followed up with a confirmation of the meeting for the benefit of the resident. If the violation issue continues, a 2nd and final meeting will take place and a written Notice of Violation will be given to the resident. If the violating resident continues the action of violating the rental agreement legal notice to Cure or Quit the violation. If the violating resident is part of a Reasonable Accommodation, any related case manager will be sought to participate in the resolution prior to legal action through attorneys. Managing Agent may not terminate the tenancy or refuse to renew the Lease or Rental Agreement of a Low-Income Tenant except for good cause, including a serious or repeated violation of the material terms and conditions of the Lease, or a violation of applicable Federal, State, or local law. To terminate the tenancy or refuse to renew the Lease, Managing Agent must provide written notice to the tenant of the grounds with sufficient specificity to enable the tenant to prepare a defense. The notice must be served at least three days before the termination of tenancy and must comply with all requirements of California law and other applicable programs. Tenant has the right to enforce this requirement in state court, including presenting a defense to any eviction action brought by Managing Agent. Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 PSA25-01AH b. Within the Managing Agent's organization, the supervisors are responsible for determining and overseeing evictions. 16. SECURITY a. Strict key control and use of an electronic remote system are being utilized. Residents will not be allowed to make duplicates of front door keys for visitors. Keys will be issued only by the management staff. b. Based on increasing trespassing, vandalism and other threatening activity, WSH sought and received City of Carlsbad approval for installation of Surveillance Camera System with Voice to Property Speakers which is remotely monitored and capable of dispatching authorities. This was installed in July 2019 and has proven an effective deterrent as well as acclaim from Tyler Court residents. c. Management keeps alert to the presence of unknown people on or around the apartment community and will call the local police if the situation warrants. Tyler Court is registered as a NO TRESPASSING property. Security will also be provided by ensuring that the on-site staff has a readily available list of agencies such as police, fire department, and paramedics, along with their telephone numbers. 17. MANAGEMENT AGREEMENT A copy of the current Tyler Court Management Agreement is attached as a subpart of the Management Plan. 18. ON-SITE MANAGEMENT a. Job Descriptions are attached. b. Office hours are Monday through Friday from 9 a.m. to 5 p.m., in addition to a 24/7 emergency on-call response. Current hours are posted on each office door. Docusign Envelope ID: F69C7693-F7ED-4615-9186-8D5371967320 ACORD® I ~ State Farm I A ® ~ □ □ ~ ~ Fl □ □ --~ x x -- ~ H I I I I I □ ~ I ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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 rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 12/17/2024 License # 0C36861 (206) 454-8028 10349 WSH Management 18881 Von Karman Ave., Suite 720 Irvine, CA 92612 36056 A 1,000,000 X BRK0002203 00 6/1/2024 6/1/2025 100,000 $25K Deductible Excluded 1,000,000 2,000,000 Included X TRIA is included A&B Occur/Agg 100,000 B Professional Liab CH24MPLX00367NC 6/1/2024 $25K Ded 3,000,000 Commercial Crime Carrier: Berkley Insurance Company Policy#BCCR-45005806-20 Term: 7/1/2024 - 7/1/2025 Limit: $2,000,000 - Ded: $15,000 SEE ATTACHED ACORD 101 City of Carlsbad 1200 Carlsbad Village Dr. Carlsbad, CA 92008 WSHMANA-01 MGUERRA Alliant Insurance Services, Inc. 701 B St 6th Fl San Diego, CA 92101 Melissa Guerra Melissa.Guerra@alliant.com Acceptance Casualty Insurance Company Navigators Specialty Insurance Company 6/1/2025 X X X X ACORD" I ~ I ~ □ □ ~ ~ ~ □ □ ~ ~ ~ ~ ~ ~ ~ ~ H I I I I I □ I FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Alliant Insurance Services, Inc. WSHMANA-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance License # 0C36861 1 SEE P 1 WSH Management 18881 Von Karman Ave., Suite 720 Irvine, CA 92612 SEE PAGE 1 MGUERRA 1 Description of Operations/Locations/Vehicles: Cyber Liability Carrier: Certain underwritters at Lloyd's of London Policy#ESM0039977745 Term: 6/1/2024 - 6/1/2025 Limit: $2,000,000 RE: Tyler Court Apartments - 3363 Tyler St, Carlsbad, CA 92008 ~ ACORD" ~ I POLICY NUMBER: BRK0002203 00 COMMERCIAL GENERAL LIABILITY CG 20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization is added as an Additional Insured when you and such person or organization have agreed, in writing in a contract or agreement, that such person or organization be added as an Additional Insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of2 © Insurance Services Office, Inc., 2018 CG 20 10 1219 POLICY NUMBER: BRK0002203 00 COMMERCIAL GENERAL LIABILITY CG 20 181219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - MORTGAGEE, ASSIGNEE OR RECEIVER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name(s} Of Person(s} Or Organization(s} Designation Of Premises Any person or organization is added as an Additional Insured when you and such person or organization have agreed, in writing in a contract or agreement, that such person or organization be added as an Additional Insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of the premises by you and shown in the Schedule. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 18 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 IL 00 1711 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation 1. The first Named Insured shown in the Declara- tions may cancel this policy by mailing or de- livering to us advance written notice of cancel- lation. 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancel- lation if we cancel for nonpayment of pre- mium; or b. 30 days before the effective date of cancel- lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be ef- fective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be suf- ficient proof of notice. B. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara- tions is authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. Examination Of Your Books And Records We may examine and audit your books and rec- ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to in- surability and the premiums to be charged. We do not make safety inspections. We do not un- dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or recom- mendations we may make relative to certifica- tion, under state or municipal statutes, ordi- nances or regulations, of boilers, pressure ves- sels or elevators. E. Premiums The first Named Insured shown in the Declara- tions: 1. Is responsible for the payment of all premiums; and 2. Will be the payee for any return premiums we pay. F. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in- sured. If you die, your rights and duties will be trans- ferred to your legal representative but only while acting within the scope of duties as your legal rep- resentative. Until your legal representative is ap- pointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL00171198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 □ 04/14/2024 Marsh Affinity a division of Marsh USA LLC. PO BOX 14404 Des Moines, IA 50306-9686 Marsh Affinity 800-743-8130 ADPTotalSource@marsh.com New Hampshire Insurance Co.23841 A 07/01/2024 07/01/2025 2,000,000 2,000,000 2,000,000 ADP TotalSource DE IV, Inc. 5800 Windward Parkway Alpharetta, GA 30005 Alternate Employer: WSH Management, Inc. 3363 Tyler Street Carlsbad, CA 92008 WC 088407049 GA All worksite employees working for WSH Management, Inc. paid under ADP TOTALSOURCE, INC.'s payroll,are covered under the above stated policy. WSH Management, Inc. is an alternate employer under thispolicy. City of Carlsbad ATTN: Rosario Aranda 1200 Carlsbad Village Dr., Carlsbad, CA 92008 X ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~· 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 rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PHONE I FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: INSURED INSURERS: INSURERC: INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICYEFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ f--~ CLAIMS-MADE □ OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ f-- PERSONAL & ADV INJURY $ f-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ RPOLICY □PRO DLoc PRODUCTS -COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) f-- ANY AUTO BODILY INJURY (Per person) $ f---OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ f--f--HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ f--f-- $ UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ f-- EXCESSLIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION $ $ WORKERS COMPENSATION IPER I IOTH- AND EMPLOYERS' LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A [Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ f yes, describe under E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER ACORD 25 (2016/03) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD