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HomeMy WebLinkAboutMGT of America; 2014-07-07;AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR MANDATED COST CLAIMING SERVICES MGT OF AMERICA CONSULTING, LLC services. RECITALS A The Parties desire to extend the Agreement for a period of five (5) years. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. That the Agreement, as may have been amended from time to time, is hereby extended for a period of five (5) years ending on July 7, 2024 on a time and materials basis not- to-exceed three thousand five hundred and seventy-five dollars ($3,575) per agreement year. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. Ill Ill Ill Ill Ill Ill Ill City Attorney Approved Version 1/30/13 6. The individuals executing this Amendment 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 Amendment. CONTRACTOR: MGT of America Consulting, LLC rgess-EVP & Treasurer (print name/title) (sign here) Fred Seamon -EVP & Secretary (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By:~b City Manager or Mayor or Director ATTEST: ( jJ()'t A oj{. rfLJILJ l; . ~ARBARA ENGLESON fVcrty Clerk 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 Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, 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: CELIA A. BREWER, City Attorney BY:~~ Assistant City Attorney City Attorney Approved Version 1 /30/13 2 OF AMERICA CONSULTING, LLC OFFICER'S CERTIFICATE OF RESOLUTION The UNDERSIGNED, being Executive Vice President and Secretary of MGT OF AMERICA CONSUL TING, LLC, a Florida limited liability company (the "Company"), hereby certifies that, at a meeting of the Board of Managers of the Company duly held on January 29, 2016, at which a quorum was present, the following resolution was duly adopted and entered upon the regular minute book of the Company, as in accordance with the Operating Agreement of the Company, and is now in full force and effect to-wit: "RESOL YEO, that the following named officers for the Company, be and hereby are authorized, directed and empowered for, in the name and on behalf of the Company to sign seal, execute, acknowledge and deliver all contracts, bonds, and other obligations of the Company; the execution of any such contract, bond or obligation by such officers to be valid and binding upon the Company for all purposes: A. Trey Traviesa Fred Seamon J. Bradley Burgess Chairman and Chief Executive Officer Executive Vice President and Secretary Executive Vice President and Treasurer I HEREBY certify that the foregoing is a true and exact copy of the resolution adopted by the Board of Managers of the Company and that such resolution has not been amended, modified or revoked and is still in full force and effect. Attested this 2nd day of January, 2019 MGT OF AMERICA CONSUL TING, LLC Fred Seamon Executive Vice President and Secretary ♦♦♦♦♦ 516 North Adams St. I Tallahassee, FL 3230 I I 850.386.3191 I mgtconsulting.com ACORD• CERTIFICATE OF LIABILITY INSURANCE l DATE (MM/DD/YYYY) ~ 6/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 ~~:i~cT Bobby Bacon/Erin Dennard Earl Bacon Agency, Inc. r.~~N.t ~-"· 850-878-2121 I FAX P.O. Box 12039 IA/C Nol: 850-878-2128 Tallahassee FL 32317 itD~~ss: bbaconailear1bacon.com/edennardl@earlbacon.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Continental Casualty Company 20443 INSURED MGTOF-1 INSURER B: Valley Forge Insurance Company 20508 MGT of America, LLC INSURERC: American Casualty Company of Reading, PA 20427 MGT of America Consulting, LLC INSURER D: Transportation Insurance Company 4320 W. Kennedy Blvd. 20494 Tampa FL 33609 INSURER E : Travelers Casualty & Surety Company of America 31194 INSURER F: COVERAGES CERTIFICATE NUMBER: 641008186 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE m~n •••"n POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS C X COMMERCIAL GENERAL LIABILITY y y 5095130327 7/1/2018 7/1/2019 EACH OCCURRENCE $1,000,000 >--:=J CLAIMS-MADE 0 OCCUR DAMAGE TO RENTED >--PREMISES IEa occurrence I $300,000 X A-XV Rating MED EXP (Any one person) $15,000 >-- PERSONAL & ADV INJURY $1,000,000 ~ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 Fl □PRO-DLoc PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: Deductible $ None / C AUTOMOBILE LIABILITY y y 2093563501 ~ 7/1/2018 7/1/2019 fOMBINED SINGLE LIMIT Ea accident) $1,000,000 ANY AUTO BODILY INJURY (Per person) $ ~ OWNED -SCHEDULED BODILY INJURY (Per accidenl) $ ~ AUTOS ONLY -AUTOS X HIRED X NON-OWNED /p~~~.;,\<ci:~t~AMAGE $ AUTOS ONLY -AUTOS ONLY X A-XV Rating Deductible $ None A X UMBRELLA LIAB M OCCUR 2093563496 7/1/2018 7/1/2019 EACH OCCURRENCE $5,000,000 ~ X EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 / OED I X I RETENTION $ 1n nnn $ B WORKERS COMPENSATION y VVC311086712-AII Other 7/1/2018 7/1/2019 I PER I I OTH-STATUTE ER D AND EMPLOYERS' LIABILITY YIN VVC311086788-CA 7/1/2018 7/1/2019 ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $500,000 If yes, describe under E.L. DISEASE -POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS below E Professional Liability (E&O) N N 105638880 7/1/2018 7/1/2019 Each Claim 2,500,000 Claims-Made Form Aggregate 5,000,000 I 7/5/95 Retro Date/A++XV DESCRIPTION OF OPERATIONS/ LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Umbrella: A-XV Rating. All Other Workers' Comp & CA Workers' Comp: A-XV Rating. CA -Workers' Comp Employers Liability Limits: $1,000,000 Each Accident $1,000,000 Disease Policy Limit $1,000,000 Disease Each Employee Cyber Liability: Continental Casualty Company -Limits of Liability $1,000,000/$1,000,000 Retention $10,000 Reio Date 3/30/2017-Claims Made Effective 3/30/18 -3/30/2019 CERTIFICATE HOLDER 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. City of Carlsbad 1635 Farady Avenue AUTHORIZED REPRESENTATIVE Carlsbad CA 92008 ~ti&,..,, I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AUTOMOBILE ADDITIONAL INSURED & WAIVER OF SUBROGATION 1. Who Is An Insured The following nre "insureds": a. You for any covered "auto". b. Anyone else while using with your pennission a covered "auto" you own, hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered "auto". This exception docs not apply if the covered "auto" is a "trailer" connected to a covered "auto" you own. (2) Your"cmployee" iflhe covered "auto" is owned by that "employee" or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of&elling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your "employees", parlners (if you are a parlnc:rship), members (if you are a limited liability company), or a lessee or borrower or any oflheir "employees", while moving property to or from a covered "auto". (5) A par1ncr (if you arc a partnership), or a member {if you are a limited liability company) fur a covered "auto" owned by him or her or a member of his or her household. e. Anyone liable for the conduct of an "insured" described above but only to the extent of that liability. Provides "additional insured" status 5. Transfer Of Rights Of Recovery AgaiMt Others To Us If any person or organization to or for whom we make payment under this Coverage Form bas rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing ofter "accident" or "loss" to impair them. Business Auto Policy MGT of America Consulting, LLC Policy 2093563501 a. Owned Auto• You Acqulta After The Policy Beglne 1. If Symbols 1, 2, 3, 4, 6, I or 19 are entered next to a coverage In Item Two of the Declarations, then you have coverage for "autos" 1hal you acquire of the type described for the remainder of the policy period. 2. Bui, ii Symbol 7 Is entered next to a coverage In Item Two of the Declarations, an "auto" you acquire will be a covered "auto' for that coverage only if: a. Wa already cover all "autos• lhal you own for that coverage or II replacas an •auto• you previously owned that had that coverage; and b. You teD us within 30 days after you acquire It that you want us to cover it for that coverage. c. Certain Trallars, Moblle EqufplMIII And Tamponary SUINIIU• Autaa If LiabUlty Coverage Is provided by this Coverage Form, the following types of vehicles are also covered "autos• lor Liabl&ty Coverage: 1. "Trailers· with a load capacity of 2,000 pounds or lass designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered •auto." 3. Any •auto• you do not own while used with the permission of its owner as a temporary substitute for a covered 'auto" you own that Is out of service because of its: a. Breakdown; b. Repair; c, Servicing; d. "Loss"; or e. Destruction. SECTION ■-LIABIJTY COVERAGE A. Coverage We wlH pay all sums an 'Insured" legally must pay as damages because of 'bodily Injury" or "property damage" lo which this Insurance applies, caused by an "accident• and resulllng from Iha ownership, maintenance or use of a covered •auto.• We will also pay all aims an "insured' legally must pay as a "coverad pollullon cost or expense' to which this instrance applies, caused by an ·accident' and rasuhing from the ownership, maintenance er use of covered •autos.• However, wa will only pay for the ·covered pollution cost er axpansa• ff there Is either "bodily Injury• or •property damage• to which lhls Insurance applies that Is caused by the same "accident." We have the right and duty to defend any "Insured' against a •suit' asking for such damages or a ·covered pollullon cost or expense.• However, we have no duty to defend any 'Insured' against a "suit" seeking damages for "bodily Injury• or "property damage' or a 'covered pollution cost or expense· to which this Insurance does not apply. We may investigate and sattla any claim or "suit' as we consider appropriate. Our duty to defend or settle ends when the Llabiity Coverage Limit of Insurance has baen exhausted by payment of judgments or settlements. 1. WholaAnlnand The following are 'insureds": a. You tor any covered 'auto.' b. Anyone else while using with your permission a covered 'auto" you own. hire or borrow except: (1) The owner or anyone else from whom you hire or borrow a covered 'auto • This exception does not apply II the c:overed •auto' Is a "trailer• connected to a covered 'auto• you own. (2) Your "employee' If Iha covered •auto• Is owned by lhal "employee" or a member of his or her household. (3) Someone using a covered •auto• while he or she Is working In a buslnees of selling, servicing, repairing, parking or storing •autos' unl868 that business Is yours. (4) Anyone other Ulan your "employees,• partners (If you are a partnership), members (If you are a limltad llablllty company), or a lessee or borrower or any of their ·employees; while moving property to or from a covered "auto.• (5) A partner (ii you are a partnership), or a member flf you are a limited liability company) for a covered "aulo" owned by hbn or her or a member of his or her household. c. Anyone liable for the conduct of an 'Insured' described above but only to the extent of that llablllty. 2. Cov.,... Extenalone L Supplamentary Paymants We will pay for tie "Insured": (1) All expenses we Incur. (2) Up lo $2,000 for cost of ball bonds (Including bonds for related traffic law vlolallons) required bacausa of en "accldant· we cover. Wa do not have to furnish these bonds. (3) The C061 of bonds to release attachments In any 'sulr against the 'Insured' we defend, but only for bond amounts within our Limit of Insurance. Pag12of11 Copyright, ISO Properties, Inc., 2005 cAooo, 0306 Business Auto Policy MGT of America Consulting, LLC Policy 2093563501 I I i ---!!!!!!!! !!!!!!!! =!! =!= -~ === -iiiiii iii =-= - SECTION IV -BUSINESS AUTO CONDITIONS The following condition& apply In addition to the Common Policy Conditions: A. Losa Conditions 1. Appraleal For Phyalcal Damage Loaa If you and we dsagree on Iha amount of 'loss,• either may demand an appraisal of the 'loss.■ In this avant, each party will select a competent appraiser. The two appraisers will select a compelenl and Impartial umpire. The appraisers will stale separately the actual cash value and amount of 'loss.' If lhey faff to agree, they will submit their differences to the umpire. A decision agreed lo by any two will be binding. Each party will: •· Pay Its chosen appraiser: and b, Bear the other expanses ot the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right lo deny Iha claim. 2. Duties In The Event Of Accident, Clalm, Sutt Orloa We have no duty to provide coverage under this policy unless there has been full compliance with the following duties: a. In the event of "accident,' claim, •suit' or "loss,' you must give us or our authorized rapresentallve prompt notice of the "accldanr or "loss.· Include: (1) How, when and where the 'accident• or 'loss' occurred; (2) The 'Insureds' name and address; and (3) To the extent possible, the names and addresses of any Injured persons and witnesses. b, Addlllonally, you and any other involved 'insured" must: (1) Assume no obligation, make no payment or Incur no expense without our consanl, axcapt at Iha 'insureds" (1) Promptly notify the police If the covered •auto• or any 01 Its equipment ls stolen. (2) Take all reasonable steps lo protect the covered •auto• from 1ur1her damage Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to Inspect the covered 'auto' and records proving the 'loss· before Its repair or disposition. (4) Agree to examinations under oath at our request and give us a signed statement of your answers. 3. l.egll Action Against Ua No one may bring a legal action against us under this Coverage Form until: a. There has been full compliance with all Iha terms of this Coverage Form; and b. Under Liability Coverage, we agree in writing that the "insured" has an obligation to pay or untll the amount ol lhal obllgaUon has finally been determined by Judgment after trial. No one nas the right under this policy lo bring us Into an acllon to determine the 'lnsured's" llablllty. 4. Lou Payment-Phyalcal Damage Cov.raa- At our option we may: •· Pay !or, repair or replace damaged or stolen property: b. RabJm the stolen property, at our expense. We will pay for any damage lhat results to the "auto' from the theft; or G, Take all or any part of the damaged or stolen property al an agreed or appraised value. II we pay tor the "loss," our payment will inelude the appllcabla sales tax for the damaged or stolen property. &. T11111afer Of Right• Of Recovery Agalnat OU..ToUa own cost. If any person or organization to or for whom we (2) Immediately sand us c;opies ol any make payment under this Coveraga Form has raqueat, demand, order, notice, rights to recover damages from another. those summons or legal paper received rights are transferred to us. That person or concerning the claim or •suit." organization must do everything neceasary to secure our rights and must do nothing after (3) Cooperate with us tn the Investigation "accident' or 'loss' to impair them. or settlement of the claim or defense against the •suit.• B. General Corldftlona (4) Authorize us to obtain medical rect)rds 1• Bankruptcy or other pertinent Information. Bankruptcy or insolvency of the "insured' or the (&) Submit to examination, at our expanse, "Insured'&' estate wlH not relieve us of any by physicians of our choice, as often ll6 obligations under this Coverage Form. we reasonably require. 2. Concealment, Mlwepn11nbdlon Or Fraud c. II there Is "loss' to a covered •auto' or Its This Coverage Form ts void In any case of fraud equipment you must also do the followlng: by you at any Ume as II relates to this Coverage CA 00010306 Copyright, ISO Properties, Inc., 2005 Page 7 of 11 C'NA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies Insurance provided under the followlng: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO 15 AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured Is required by written contract to add as an additional insured on this coverage part, Including any such person or organization, If any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization Is an Insured only With respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily Injury, property damage, or personal and advertising Injury caused in whole or In part by the acts or omissions by or on behalf of the Named Insured and In the performance of such Named lnsured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused In whole or In part by your work and included in the products-completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily Injury, property damage, or personal and advertising Injury arising out of your work described In such written contract, but only ff: 1. this coverage part provides coverage for bodily Injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II. Subject always to the terms and conditions of this policy, including the limits of Insurance, the insurer will not provide such additional Insured With: A. coverage broader than required by the written contract; or B, a higher limit of insurance than required by the written contract. Ill. The insurance granted by this endorsement to the additional Insured does not apply to bodily injury, property damage, or personal and advertising Injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or falling to prepare or approve maps, shop drawings, opinions, reports, surveys field orders change orders or drawings and specifications: and 2. supervisory, Inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary In the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance avallable to the additlonal insured whether on a primary, excess, contingent or any other basis. However, if this insurance cNA1so1exx (1-,sr Page 1 of 2 Insured Name: MGT of America Consulting, LLC ·----Poifcy}.io: so9s1303.i°1· Endorsement No: Effective Date: 7/1/2018 Copyright CNA All Rights Reserved. Includes copyrighted mat11rlal or Insurance SE11Vic11s Office. Inc., with Its permission. -· -·------~~-·-----~------·---------~ C'NA Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement is required by written contract to be primary and non-contributory, this insurance will be primary and non- contributory relative solely to Insurance on which the addlUonal Insured Is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entiUed COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entiUed Duties In The Event of Occurrence, Offense, Claim or Sult is amended with the addition of the following: Any additional Insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result In a claim; 2. except as provided In Paragraph IV. of this endorsement, agree to make avanable any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer In the Investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, If the written contract requires this Insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional Insured. VI. Solely with respect to the Insurance granted by this endorsement. the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily Injury or property damage; or 2. the offense that caused the personal and advertising Injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Polley remain unchanged. ----------~-------------------------This endorsement, which forms a part of and Is for attachment to the Policy Issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1-15) Page 2 of 2 Insured Name: .. ---------------Policy No: Endorsement No: Effective Date: Copyright CNA All Rights ReseNad. Includes copyrighted material of Insurance SeNlcas Offic:e, Inc., with Hs permission. C'NA General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. r . I TABLE OF CONTENTS I ······-----·---·-· , --·----·---·---------- 1. Additional Insureds i-·- ' 2. Additional Insured-Primary And Non-Contributory To Additional Insured'• Insurance 3. Bodily Injury-Expanded Definition 4. Broad Knowledge of Occurrancel Notice of Occurrenca ----· 6. Broad Named Insured ----------. ----·-- 6. Estates, Legal Representatives and Spou ... 7. Expected Or Intended Injury-Exception for Reasonable Force --------~ ----·-·----·---------------··--·-· -·- 8. In Rem Actions ·-· 9. Incidental Health Care Malpractice Coverage -· - 10. Joint Vantures/Partnershlplllmlted Uablllty Companl• 11. Legal Llabllity-Damage To Premises ...... - 12. Medical Payments --~--------· 13. Non-owned Aircraft Coverage . ------------~------·--------... ----------- 14. Non-owned Watercraft 15. Personal And Advertising Injury-Discrimination or Humlllatlon 11. Personal And Advertising Injury-Contractual Llablllty -. 17. Property Damage• Elavatorw 18. Supplanentary Payments --·--·-·-----··· 19. Unintentional Failure To Dlsdota Hazards 20. Waiver of Subrogation -Blanket ---·-----·------r••-•-•--••---~ ---------••--•-------- CNA74879XX (1-15) Page 1 of 13 Policy No: 509513032 7 Endorsement No: Insured Name: MGT of America Consulting, LLC Effective Date: 7/1/2018 Copyright CNA All Rights Reserved lndudes copynghled malarial of Insurance S11n1lces Office, Inc., wilh hll pennl!l5ion C'NA General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional Insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily Injury or property damage; or (b) the offense that caused the personal and advertising Injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement, or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodlly Injury, property damage or personal and advertising Injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily Injury, property damage or personal and advertising Injury as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising Injury as granlor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily Injury, property damage or personal and advertising Injury c;:aused, In whole or In part, by the Named lnsured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily Injury, property damage or the offense giving rise to such personal and advertising Injury takes place prior lo the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodlly Injury, property damage or personal and CNA74879.XX (1-15) Page 2 of 13 Insured Name: advertising Injury arising out of the ownership, Policy No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved. lncl\Jdes copyrighted material or Insurance Services Office, Inc., With its permission C'NA General Liability Extension Endorsement maintenance or use of such land, provided that the occurrence giving rise lo such bodily Injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional Insured. F. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily Injury, property damage or personal and advertising Injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily Injury, property damage or the offense giving rise to such personal and advertising Injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily Injury, property damage or personal and advertising injury arising out of the Named lnaurad's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions -Permits A state or governmental agency or subdivision or political subdivision that has Issued a permit or authorization, but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily Injury, property damage or personal and advertising injury arising out of: 1. the following hazards in conneclion with premises a Named Insured owns, rents, or controls and lo which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this Insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured'& behalf. The coverage granted by this paragraph does not apply to: a. Bodily Injury, property damage or personal and advertising Injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily Injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional Insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional Insured. I. Trade Show Event Lessor 1. With respect to a Named lnsured's participation In a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liablllty for bodily Injury, property damage or personal and advertising Injury caused by: CNA74879XX (1-15) Page3of13 Insured Name· Policy No: Endorsement No: Effective Date: Copyr1ght CNA All Rights Ras■rved. Includes copy!ighled malarial of Insurance Sarvtcaa Office, Inc .. with Its pennlssl0n. C'NA General Liability Extension Endorsement a. the Named lnsured's acts or omissions; or b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodlly Injury or property damage included within the products-completed operations hazard. J. Vendor Any person or organization but only with respect to such person or organization's liability for bodily Injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization Is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any Inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. demonstration, installation, servicing or repair operations, except such operations performed at the such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or Ingredient of any other thing or substance by or for such person or organization; or h. bodily Injury or property damage arising out of the sole negligence of such person or organization for Its own acts or omissions or those of its employees or anyone else acting on its behatf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, In connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any Insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. 3. This Paragraph J. also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. If bodily injury or property damage included within the products-completed operations hazard Is excluded by endorsement to this Coverage Part. CNA74879:XX (1-15) Page4of13 Insured Name: Policy No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with Its permission. ~--------r----------------------- C'NA -------··----·---! l I General Liability Extension Endorsement I K. Other Person Or Organization Any person or organization who is not an additional Insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily Injury, property damage or personal and advertising Injury for which such additional insured Is liable because of the Named lnsured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. for bodily Injury, property damage, or personal and advertising Injury arising out of the rendering or failure lo render any professional service; 2. for bodily Injury or property damage Included within the products-completed operations hazard; nor 3. who Is specifically scheduled as an additional insured on another endorsement to this Coverage Part. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed In writing in a contract or agreement that this insurance Is primary and non-contributory relative to an additional insured's own Insurance, then this Insurance Is primary, and the Insurer wlll not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own Insurance means Insurance on which the additional Insured Is a named insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence Is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY -EXPANDED DEFINITION Under DEFINITIONS the definition of bodily Injury Is deleted and replaced by the following: Bodily Injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental Injury sustained by that person at any time which results as a consequence of the physical Injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured s rights under this Coverage Part will not be preJud1ced If the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure Is solely due to the Named lnsured's reasonable belief that the bodily Injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as lhe Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in Its entirety and replace It with the following: CNA74879XX(1-15) Policy No: Page 5 of 13 Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted malertal of Insurance Sarvlcas Office, Inc .• with Its permission. C'NA General Liability Extension Endorsement 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising Injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage Is provided for any act. error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named lnsured's business. 7. EXPECTED OR INTENDED INJURY-EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A -Bodily Injury And Property Damage Llability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace It with the following: This insurance does not apply to: Expected or Intended Injury CNA74879XX (1-15} - Page 6 of 13 Insured Name: Policy No: Endorsement No: Effective Date: Copyright CNA All Righls Reserved. Includes copyrighted material or Insurance Services Office, Inc., v.ilh It!! pennlsslon. r----------,-----·-··------~~--~------------------- C'NA General Liability Extension Endorsement Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodlly injury or property damage resulting from the use of reasonable force to protect persons or property. 8. IN REM ACTIONS A quasi In rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated In the same manner as though the action were In personam against the Named Insured. 9. INCIDENTAL HEAL TH CARE MALPRACTICE COVERAGE Solely with respect to bodily Injury that arises out of a health care Incident: A. Under COVERAGES, Coverage A -Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily Injury provided that the professional health care services are incidental to the Named lnsured's primary business purpose, and only if: (1) such bodily Injury Is caused by an occurrence that takes place In the coverage territory. (2) the bodily Injury first occurs during the policy period. All bodily Injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A-Bodily Injury And Property Damage Liability, the paragraph entitied Exclusions is amended to: I. add the following to the Employers Llablllty exclusion: This exclusion applies only If the bodily Injury arising from a health care Incident is covered by other liability Insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace ii with the following: This Insurance does not apply to: Contractual Liability the lnsured's actual or alleged liabUity under any oral or written contract or agreement, including but not limited to express warranties or guarantees. Iii. add the following additional exclusions. This Insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an lndlvldual's race. creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, stale or local governmental program. Services Excluded by Endorsement CNA74879XX (1-15) Page 7 of 13 Insured Name: Policy No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved. Includes ccpyrighll!d material cf Insurance servlcea Office, Inc., with II! permission. General Liability Extension Endorsement Any health care Incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care Incident means an act, error or omission by the Named lnsured's employees or volunteer workers In the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; I. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. Ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care Incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; Ill. amend the definition of Insured to: a. add the following: the Named lnsured's employees are Insureds with respect to: (1) bodily Injury to a co-employee while in the course of the cc-employee's employment by the Named Insured or while perfonming duties relaled to the conduct of the Named lnsured's business; and (2) bodily Injury to a volunteer worker while performing duties related to the conduct of the Named lnsured's business; when such bodily Injury arises out of a health care Incident. the Named lnsured's volunteer workers are Insureds with respect to: CNA74879XX (1-15) Page 8 of 13 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved Includes copyrighted material of Insurance Ser,ices Office, Inc., with b permission C'NA General Liability Extension Endorsement (1) bodlly Injury to a co-volunteer worker while performing duties related lo the conduct of the Named Insured'& business; and (2) bodily injury to an employee whHe in the course of the employee's employment by lhe Named Insured or while performing duties related to the conduct of the Named lnsured's business; when such bodily Injury arises out of a health care incident. b. delete Subparagraphs (a), (b}, (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excesslnsurance (1) To the extent this insurance applies, it is excess over any olher Insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased speclflcally by the Named Insured to be excess of this coverage. 10. JOINT VENTURES/ PARTNERSHIP I LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that If the Named Insured was a joint venturer, partner, or member of a llmiled liablllty company and such Joint venlure, partnership or limited liability company terminated prior to or during the policy period, such Named Insured Is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that a. any offense giving rise to personal and advertising Injury occurred prior to such termination date, and the personal and advertising Injury arising out of such offense first occurred after such termination date; b. the bodily Injury or property damage first occurred after such termination date; and c. there Is no other valid and collectlble insurance purchased specifically to Insure the partnership, joint venture or limited liability company. 11. LEGAL LIABILITY-DAMAGE TO PREMISES A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions ls amended to delete the first paragraph Immediately following subparagraph (6) of the Damage to Property exclusion and replace It with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of Insurance applies to Damage To Premises Rented To You as deseribed In LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Llablllty, the paragraph entitled Exclusions is amended to delete Its last paragraph and replace it with the following: CNA74879XX (1-15) Page 9 of 13 Insured Name: Policy No: Endorsement No: Effective Date: Copyright CNA All Rlghls ReseNed. Includes copyrighted material of Insurance Services Office, Inc. with its permission lC'NA 1 General Liabllify Ext~nsion Endo~ement I Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5, above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit Is the most the Insurer will pay under COVERAGE A for damages because of property damage to: a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and b. contents of such premises If the premises Is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit Is $200,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(II), and replace it with the following: (II) That Is property Insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named lnsurad's care, custody or control; E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured Is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE Is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C • Medical Payments for all medical expenses because of bodily Injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: ; or (2) the amount shown In the Declarations for Medical Expense Limit. B. Under COVERAGES, Coverage C -Medical Payments, the Insuring Agreement is amended to replace Paragraph 1.a.(3)(b) with the following: (bl The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 13. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A -Bodily Injury and Property Damage Llabllity, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot In command holds a currently effective certificate Issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft Is rented with a trained, paid crew to the Named Insured; and CNA74879XX (1-15) Page 10 of 13 Insured Name: -•-----------·------------------------Policy No: Endorsement No: Effective Date: Copynght CNA All Rights Re!ll!Ned. Includes copyrighled material al Insurance Services Office, Inc. with ii!; pennlssfon. ----·---·----·-··----- __ " ___ G_e_n_eral Liability Extension Endorsement I 3. the aircraft is not being used lo carry persons or property for a charge. 14. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liablllty, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace It with the following. This exclusion does not apply to: (2) a watercraft that Is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 15. PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising Injury is amended to add the following tort: Discrimination or humiliation that results in Injury to the feellngs or reputation of a natural person. B. Under COVERAGES, Coverage B -Personal and Advertising Injury Liability, the paragraph entitled Exclusions Is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This Insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising Injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would Inflict personal and advertising Injury. This exclusion shall not apply to discrimination or humiliation that results In injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (If the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination discrimination or humlllatlon directly or indlrectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrlmlnation or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured Notwithstanding the above, there Is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSUREDS of this endorsement; or CNA74879XX (1-15) Page 11 of 13 Insured Name Policy No: Endorsement No: Effective Date: Copynghl CNA All Rights Reserved. Includes copyrighted malerial or Insurance Services Office, Inc., wllh Its permission attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY· CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B -Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Llablllty and replace It with the following: This Insurance does not apply to: Contractual Liability Personal and advertising injury for which lhe Insured has assumed liability in a contract or agreement. This exclusion does nol apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement; or (2) assumed In a contract or agreement that is an insured contract provided the offense that caused such personal or advertising Injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an Insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising Injury provided: {a) liability to such party for, or for the cost of, that party's defense has also been assumed In such Insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended lo delete the definition of insured contract in its entirety, and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named lnsured's business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or Imprisonment. Tort liability means a liability that would be Imposed by law in the absence of any contract or agreement. C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS -COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the Interests of the Insured and the interests of the lndemnltee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees Incurred by the Insurer in the defense of that lndemnltee, necessary litigation expenses Incurred by the Insurer, and necessary litigation expenses incurred by the lndemnitee al the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.{2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments wlll not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY -LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B -Personal and Advertising Injury Llabllity is excluded by another endorsement attached lo this Coverage Part. CNA74879XX (1-15) Page 12 of 13 Insured Name: Policy No: Endorsement No: Effective Dale: Copyright CNA All Rights Resen,ed. Includes copyrighted material of Insurance Services Office, Inc., v,;lh 115 pannlsslon C'#A General Liability Extension Endorsement 17. PROPERTY DAMAGE -ELEVATORS A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE -ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This Insurance Is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property Insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS -COVERAGES A AND Bis amended as follows: A. Paragraph 1.b. Is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for dally loss of earnings and replace it with a $1,000. limit. 19. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally faVs to disclose all existing hazards at the Inception date of the Named lnsured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 20. WAIVER OF SUBROGATION -BLANKET Under CONDmONS, the Transfer Of Rights Of Recovery Against Others To Us Condition is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named lnsured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed In writing to waive such rights of recovery In a written contract or written agreement, and only if such contract or agreement: 1. Is In effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising Injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date Is shown below, and expires concurrently with sald Policy. CNA74879XX (1-15) Page 13 of 13 Insured Name: Policy No: Endorsement No: Effective Date: Copyright CNA All Rights Reserved Includes copynghlecl maim.ii cf Insurance Se,vlces Office, Inc., with lls parmisslcn. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed.4-B4) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named In the Schedule. Schedule ANY PERSON OR ORGANIZATION ON WHOSE BEHALF YOU ARE REQUIRED TO OBTAIN THIS WAIVER OF OUR RIGHT TO RECOVER FROM UNDER A WRITTEN CONTRACT OR AGREEMENT. NOT APPLICABLE IN KANSAS. Thls end01Se1T1ent changes the poffcy to which it Is attached and is effective on the date Issued unless otherwise staled (The lnfomiation below is reaulred onlv when this endorsement Is Issued subsequent to preparation or the pollcy.) EndorsementEffect!ve 7/1/2018 PollcyNo. 30110867l2 (all otherlndorsementNo lnS1Xed MGT of America Consulting, LLC Premium$ Insurance Company Valley Forge Ins, Co. Countersigned by &~r tZtkr&J..h -,.,c.. WC 00 0313 (Ed. 4-84) Copyright 1983 National Council on Compensation Insurance. MGT of America Consultinc..1.....:L::.::L~C~----....-----~------,---------~...--- I m I -I a -I!! I . Policy 3011086788 -CA CNA WORKERS' COMPENSATION AND EMPLOYERS' LfABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTH!RS This endorsement changes the policy to which It Is attached. G-19160-B (&:l. 11197) It Is agreed that Part Ona Workllra' C0111penaatl0n Insurance G. Recovery From Olhare and Part Two Employ.,.• Llablllly Insurance H. Recovery From 0thua are amended by adding the following: We wll not enforce our right to reaovar against persons or organizations. (This agreement appll&s only to the e)((ent thal you perform work under a written contraGt that requires you to obtain this agrHmant from us.) PREMIUM CHARGE- The charge wtll be an amount to which you end we agree that 18 a percentage of the total standard premium for Cafffomia exposure. The amount Is G-19160-B (Ed. 11197) Page 1 of 1 AGREEMENT FOR MANDATED COST CLAIMING SERVICES MGT OF AMERICA THIS AGREEMENT is made and entered into as of the day of Q-uliJ , 20/^. by and between the CITY OF CARLSBAD, a municipal corporationrrrCity"), and MGT of America, a FLORIDA CORPORATION. ("Contractor"). RECITALS City requires the professional services of a contractor that is experienced in mandated cost claiming services. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affimied rts willingness and ability to perfonn 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 Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM The term of this Agreement will be effective for a period of five (5) years from the date first above written. The City Manager may amend the Agreement to extend it for one (1) additional five (5) year period or part thereof in an amount not to exceed three thousand five hundred and seventy five dollars ($3,575) per agreement year. These extensions will t>e based upon a satisfactory review of the Contractor's performance. City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 3. COMPENSATION The total fee payable for the Services to be performed will be three thousand five hundred and seventv five dollars ($3,575) per agreement year. No other compensation forthe Sen/ices will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys 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 empioyed by any of them or anyone for whose acts any of them may be liable. City Attomey Approved Version 1/30/13 The parties expressly agree that any payment, attomey's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered woricers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or eariy tennination of this Agreement. 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000) each, unless othenvise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carisbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 8. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 9. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 10. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq.. and Carisbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carisbad to tenninate this Agreement. 11. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, Califomia. This Agreement and its perfonnance and all surts and special proceedings under this Agreement shall be construed in accordance with the laws of the State of California. City Attomey Approved Version 1/30/13 12. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under rt, without the prior written consent of Crty. 13. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 14. AUTHORITY The individuals executing this Agreement and the instalments referenced in rt on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the temns and condrtions of this Agreement. CONTRACTOR (print name/trtle) (sign here) FTWARD P. HnMRTiE, SEXltEIMg-(print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California cfty W6nager or Mayoi:^ Director Charles McBride ATTEST: BARBARA ENGLEsliN Crty Clerk 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. Chairman, President, or Vice-President Group B. Secretary, Assistant Secretary, 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. City Attorney Approved Version 1/30/13 APPROVED AS TO FORM: CELIA A. BREWenOrty-Attorney By: ^ Asastant City Attorney City Attorney Approved Version 1/30/13 EXHIBIT "A" SCOPE OF SERVICES Perfomi the sen/ices consistent with this Agreement and MGT of America's October 9,2009 Response to the City's Request for Proposal attached hereto as Exhibit A and incorporated herein. City Attomey Approved Version 1/30/13 MGT STATE MANDATE COST CLAIMS SCOPE OF SERVICES Fiscal Yeare FY 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019 OUR UNDERSTANDING OF SB 90 CLAIMING NEEDS Any city, county or special district that wishes to supplement existing revenue sources can file state mandate cost claims (SB 90 claims) with the California State Controller's Office. Like many public agencies in California, your agency may have difficulties generating sufficient revenue in recent years to match growing demands for service and increased costs. If your agency would like to partner with a consurting firm that specializes in SB 90 consulting, MGT of America (IVIGT) can do the following: o8 Identify all possible SB 90 claiming opportunities GS Prepare and file all eligible annual FY 2013-2014 SB 90 claims with the SCO GS Prepare and file all eligible first time or new SB 90 claims that have claiming instructions issued during the 2014-2015 fiscal year G8 Assist wrth payment tracking G8 Assist wrth knowledge transfer and training related to the SB 90 process at the State level and also related to other local agencies in California MGT WORK PLAN AND CALENDAR OF TASKS There are many steps that go into the SB 90 work plan for an agency of this size and complexity. However, MGT has identified the following order of activities as the most important landmark events that must occur for a successful SB 90 claiming engagement during FY 2014-2015, 2015- 2016, 2016-2017, 2017-2018 and 2018-2019. o3 Quick and painless contract negotiations and approval ca Initial kick-off training with all applicable agency staff oa Addrtional on-site meetings as needed G8 Identification of department fiscal and program contacts wrthin the agency NEW CLAIMS: FIRST & SECOND QUARTER OF FY 2014-15, 2015-16,2016-17, 2017-18, & 2018-19 csa Establish a schedule and approach needed to complete all new or first-time claims due within the first quarter and second quarters of FY 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019. This includes on-site interviews with all applicable department personnel. oa Facilitate department staff describing how the agency complies wrth the specific mandated programs and assist your agency to determine eligible costs based on the following criteria: • The test claim's Statement of Decision. • The California Commission on State Mandates approved Parameters and Guidelines. • The SCO's claiming instructions. [] How other agencies around the state are complying with and interpreting the mandate. ca Prepare all necessary department-wide ICRPs in accordance with Office of Management and Page 1 of 9 MGT STATE MANDATE COST CLAIMS SCOPE OF SERVICES *""'<^' Fiscal Years FY2014-2015, 2015-2016, 2016-2017,2017-2018 and 2018-2019 Budget (0MB) A-87. MGT consultants have prepared thousands of ICRPs over the past 25 years. We believe that our experience has developed a depth of understanding that is unmatched in the field. oa Receive claims from the single department SB 90 programs and review the claims for completeness, propriety, and eligibility of costs. Multi-department claims will be handled in a similar fashion, but MGT will add an addrtional level of scrutiny with these claims to ensure that no direct costs are double counted. oa Perform a quality assurance review of the SB 90 claims to ensure that the costs are supported by appropriate source documentation. oa Prepare claims and provide the completed claims and ICRPs for review and signature at least three weeks prior to the claiming deadline. oa File the signed claims with the SCO prior to the deadline. ANNUAL CLAIMS: DUE TO THE STATE BY FEBRUARY 15,2015,2016,2017, 2018 and 2019 OS Establish a schedule and approach needed to complete all annual claims due to the state by February 15"^ of each applicable year. This includes on-site interviews with all applicable department personnel. C38 Facilitate department staff describing how the agency complies wrth the specific mandated programs and assist in determining eligible costs based on the following criteria: • The test claim's Statement of Decision. • The California Commission on State Mandates approved Parameters and Guidelines. • The SCO's claiming instructions. • How other agencies around the state are complying with and interpreting the mandate. caa Prepare all necessary department-wide ICRPs in accordance with 0MB A-87 guidelines. MGT consultants have prepared thousands of ICRPs over the past 25 years. We believe that our experience has developed a depth of understanding that is unmatched in the field. caaReceive claims for single department SB 90 programs and review the claims for completeness, propriety, and eligibility of costs. Multi-department claims would be handled in a similar fashion, but MGT would add an additional level of scrutiny with these claims to ensure that no direct costs are double counted. caa Perform a quality assurance review of the SB 90 claims to ensure that they mesh with the associated department ICRPs. caa Discuss any potential or necessary changes wrth the appropriate staff member. oa Provide the completed claims and ICRPs to the agency's coordinator for review and signature at least three weeks prior to the claiming deadline. caaFile the signed claims wrth the SCO prior to the deadline. Page 2 of 9 MGT STATE MANDATE COST CLAIMS SCOPE OF SERVICES °' '-c Fiscal Years FY2014-2015,2015-2016, 2016-2Q17, 2017-2018 and 2018-2019 NEW CLAIMS: THIRD & FOURTH QUARTER—FY 2014-15, 2015-16,2016-17, 2017-18, & 2018-19 oa Identify new claims that are expected to become mandated programs during FY 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019, and the departments likely to be affected by these claims. As part of this step, MGT will provide early claim summaries and data collection requirements to provide a head start on documentation strategies. oa Work with the appropriate department staff, as new claiming instructions are issued by the SCO, to establish schedules and approaches needed to complete all new or first-time claims due during the second two quarters of FY 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019. This includes on-site interviews with all applicable department personnel. cs Facilitate department staff describing how the agency complies wrth the specific mandated programs and assist to determine eligible costs based on the following criteria: • The test claim's Statement of Decision. • The California Commission on State Mandates approved Parameters and Guidelines. • The SCO's claiming instructions. • How other agencies around the state are complying wrth and interpreting the mandate. oaPrepare all necessary department-wide ICRPs in accordance with OMB A-87. MGT consultants have prepared thousands of ICRPs over the past 25 years. We believe that our experience has developed a depth of understanding that is unmatched in the field. oaReceive claims for single department SB 90 programs, and review the claims for completeness, propriety, and eligibility of costs. Multi-department claims will be handled in a similar fashion, but MGT will add an additional level of scrutiny with these claims to ensure that no direct costs are double counted. oaPerform a quality assurance review ofthe SB 90 claims to ensure that they mesh wrth the associated department ICRPs. oaDiscuss any potential or necessary changes with the appropriate staff member(s). oaProvide the completed claims and ICRPs to the agency's coordinator for review and signature at least three weeks prior to the claiming deadline. oaFile the signed claims with the SCO prior to the deadline. PROJECT COORDINATION MGT views the SB 90 process as a partnership between local government and our firm. We understand and recognize the agency's preference to have minimal involvement (when appropriate) in this process to conserve internal resources. We will always approach this SB 90 engagement from that perspective. We will keep you apprised of everything we are doing, but will manage all aspects of project coordination. We will consistentiy: • Provide the list of all eligible claims, as well as individual program Claim Summary sheets and Data Collection forms. All of these concise summaries and forms are available in a variety of electronic formats (Microsoft Word, Excel, and Adobe PDF) to make use and disbursement of claiming information as easy as possible. • Work in concert with the SB 90 Coordinator to coordinate the overall claiming process. Page 3 of 9 MGT STATE MANDATE COST CLAIMS SCOPE OF SERVICES Fiscal Years FY 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019 Once again, minimal reliance will be placed on the agency's SB 90 Coordinator in this process. • Coax departments to ensure that all eligible claims are filed on time to avoid the 10 percent penalty. It is critical to work with the departments after the on-site interviews to ensure that all questions are answered and deadlines met. Q Ensure that all eligible claims are filed on time, and upon request, provide written documentation explaining why the agency will not file certain claims. DATA COLLECTION The three components of data collection related to this engagement include: direct cost program data, indirect cost data, and supporting documentation. Direct Cost Program Data Collection oa Conduct individual meetings with departments to discuss all reimbursable mandated activities. Develop a schedule and plan for collecting the necessary data to ensure claims are completed well before the claiming deadlines. Departmental Indirect Cost Data Collection oa Gather salary and benefit data from the accounting staff or the individual departments for all required fiscal years. oa Collect certain pages from the agency's cost allocation plan. ca Gather information required to prepare OMB A-87 compliant ICRPs. This will be carried out in concert with other department interviews. It is important that this step occur each year because departments reorganize, assignments shift, new personnel is hired, or personnel retire. Supporting Documentation Collection oa MGT will work with departments to determine the documentation that must be submitted to the state as attachments to claims, and what documentation should be maintained in archived files in case of the SCO inquiry or field audit. MGT will then collect only the documentation the SCO requires to be submitted. ORIENTATION AND TRAINING FOR DEPARTMENT STAFF We believe there is no cookie cutter approach to successful orientation and training. Some ofthe department personnel are undoubtedly savvy and experienced with SB 90 claiming, while others are likely to be new to the process. MGT will tailor its level of training to meet the needs of each department. As we have previously stated, early communication is the most important aspect of this component. We will consistently: ca Provide electronic notification on upcoming mandate claims as soon as the Parameters and Guidelines for these programs are approved. This will be done primarily via e-mail and will provide both the key department personnel, as well as your Coordinator, the most complete view of upcoming SB 90 programs. oa Provide on-site training for both program and fiscal staff. It is important that both areas of each affected department understand the state's requirements and any specific issues related Page 4 of 9 MGT STATE MANDATE COST CLAIMS SCOPE OF SERVICES °' Fiscal Years FY 2014-2015,2015-2016, 2016-201 7, 2017-2018 and 2018-2019 to the particular mandate from a programmatic and fiscal standpoint. In addrtion, we will provide a history and overview ofthe SB 90 program to any department staff that are new to the process. oa Assist to establish relevant, defensible source documentation standards for each claim within each of the claiming departments. Our goal for each of the claims is to ensure that documentation exists to establish that the mandate was performed and personnel costs are adequately documented. oa Provide perspectives related to how other agencies are interpreting and claiming each mandate to ensure nothing is missed. Provide guidance on the current acceptable range of costs being claimed by similar agencies so you will be aware of any foreseeable exposures existing at the claiming stage. CLAIM PREPARATION Once data has been received by MGT, consulting staff will prepare all eligible claims on behalf of the agency using required SCO claim forms. Direct Costs oaPrepare all claims that apply to single departments. Once again, our experience will ensure that no cost components are misinterpreted or omitted. ca Coordinate and prepare all multi-department claims. Simply gathering data for mandates that span different departments is not enough. The data must be cross-referenced and analyzed to ensure that each department is capturing cost data for the same cases and are not misclassifying certain cases, a very common occurrence. Indirect Costs oa Prepare ICRPs for all claiming departments. The ICRPs provide an approved method for claiming departmental indirect costs. The ICRPs will be prepared using the same software, methodology, and figures used to produce our clients' OMB A-87 Cost Allocation Plan. At this step, rt is vital to ensure that no staff time being claimed as a direct cost in the claim is also included in the ICRP. Filing Procedures MGT will provide the SB 90 Coordinator wrth a clear, understandable process for receiving the completed claims/ICRPs and obtaining the necessary signatures. There will be no points of confusion as to where the completed claims should be mailed, or who is responsible for making sure the claims are received and filed with the SCO on time. oa MGT will perform one final quality control check to ensure that each claim has signed two original coversheets, all parts ofthe claim are included, and all required documentation is attached. oa MGT will hand deliver all signed claims received from the agency to the SCO on or before the stated deadline. We will also provide the SCO wrth a Declaration of Service form, as well as Claims Receipts for their staff to sign and return. oa MGT submits hard copies of all claims to the SCO. However, many of our clients prefer to Page 5 of 9 MGT o' * M F« r. A . i N c STATE MANDATE COST CLAIMS SCOPE OF SERVICES Fiscal Years FY 2014-2015, 2015-2016, 2016-201 7, 2017-2018 and 2018-2019 share claims and ICRPs prior to claim submission electronically by converting all claims and ICRPs into Adobe PDF documents. We believe sharing documents results in many posrtive benefits. Sharing information between the department staff and MGT is very easy using e-mail. Adobe PDF claims can be stored electronically wrth both the consultant and the claiming departments. This process saves paper which is environmentally friendly, and also makes sharing claims with your claiming departments effortless. Remittance Tracking MGT will assist with all aspects of remittance tracking throughout the entire fiscal year. We will consistently: oa Provide copies of all claims receipts, declarations, and summary clainning reports. oa Assist with tracking claim payments made by the state. Now that the state has resumed this function, MGT will assist with this sometimes confusing process. ONGOING SUPPORT AND STATUS UPDATES The claiming process is obviously the key aspect of this engagement, but the ongoing support services that MGT offers are important complementary services to continuously upgrading your staffs knowledge basis, relations, and communications with the state and contract agencies, and anticipation of changes to the claiming process. Liaison Assistance oa MGT will also provide liaison assistance with the SCO at the desk review level. The SCO may call requesting addrtional information, or duplicate documentation that may have been misplaced in their ofl'ices. We will field these calls and fulfill all appropriate requests without the need for your staff to get involved. In addition, our staff has extensive experience preparing local agencies for field audits and assisting in their representation beyond the exit conference. MGT offers assistance and response on any current or future field audrt that may resurt from claims filed in the past. Status Updates oa The SB 90 process is constantly changing and evolving. MGT will provide targeted, relevant communication on statewide issues, interpretations, and actions at the state capitol relating to the SB 90 process throughout the fiscal year via MGT Instant Updates®, a series of e-mail communiques designed to keep our clients up to date with the latest mandate legislation, California Commission on State Mandates decisions, and state agency interpretations. MGT will sift through all of the pertinent activity to provide the most relevant information throughout the year, saving you time and resources. 1 •T INSTANT UrtAtl*] WIIIFtll II mm IIIMIIISEItEIIT rmiiaHX CIMIII m iiii' rillt BtP*K1MtNI* 4DIIIIIIC't flbALlV M4V« A M « W It • *« > Ull* • M t It > t m Page 6 of 9 MGT or *. M F R > C A , STATE MANDATE COST CLAIMS SCOPE OF SERVICES Fiscal Years FY 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019 Year End Mandate Report oa Upon request, MGT will prepare an annual MGT Mandate Reporf'tor the agency. This full- color summary claiming report breaks down the annual and first-time claiming cycles into graphic images. In past reports, we have displayed the following comparisons: Dollars claimed per department. Total claims per department, and Dollars claimed for the cun-ent fiscal year compared to the past year. If there are additional ways that you would like to see the claim data displayed or analyzed, please let us know. A few sample pages of the MGT Mandate Report are as follows: County of San Mateo Fiscal Year 2003-2004 Mandate Report Re** of Sac Mondoted Con Oams ftefatrf end f*d |br tfie OMI^ of Sffli Motto (y f^Ptsetga Management Gmif' Grand Jury Proceedings New darns Bed Are New arn-rtnr Pp«pim ^p^n>«<f by-l^e Ccmm Mmdm (v^ VVn AcfMKd and Hnf *i FT 2O()}.2O04 "mi Km tun •5Jf lllll SS CONTRACT PROCESS & RENEWAL PERIODS MGT really wants your business and strives to make the contracting or purchasing process as simple as humanly possible. Our legal review time is minimal; requests for insurance verification are also handled quickly. Page 7 of 9 MGT STATE MANDATE COST CLAIMS SCOPE OF SERVICES Fiscal Yeare FY 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019 PROPOSED COST FY 2013-14 Annual & New Claims - MGT will complete and file all eligible annual claims that are due to the State on a timely basis on February 15, 2015, as well as any new, first- time claims (laving claiming instructions issued during this fiscal year for the following fee. C'ktims Coxciccl Propos'.'d 1-cc I';i\inciit Ii'iiiiN 2013-14 Annual Claims & New Claims Fixed Fee equal to $3,575 Payable in two payments: 50% invoiced on 9/15/14 and 50% on 2/15/15 FY 2014-15 Annual Claims & New Claims - MGT will complete and file all eligible annual claims that are due to the State on a timely basis on February 15, 2016, as well as any new, first-time claims having claiming instructions issued during this fiscal year for the following fee. ("Iciiiiis ('()\ creel ]7\\ iiicnl '1 L-i-nis 2014-15 Annual Claims & New Claims Fixed Fee equal to $3,575 Payable in two payments: 50% invoiced on 9/15/15 and 50% on 2/15/16 FY 2015-16 Annual & New Claims - MGT will complete and file all eligible annual claims that are due to the State on a timely basis on February 15, 2017, as well as any new, first- time claims having claiming instructions issued during this fiscal year for the following fee. Cl.iiill'. ( (ucrcd 2015-16 Annual Claims & New Claims Fixed Fee equal to $3,575 Payable in two payments: 50% invoiced on 9/15/16 and 50% on 2/15/17 Page 8 of 9 MGT STATE MANDATE COST CLAIMS SCOPE OF SERVICES Fiscal Yeare FY 2014-2015, 2015-2016, 2016-2017, 2017-2018 and 2018-2019 FY 2016-17 Annual & New Claims - MGT will complete and file all eligible annual claims that are due to the State on a timely basis on February 15, 2018, as well as any new, first- time claims having claiming instructions issued during this fiscal year for the following fee. C'hiims Cow'i'cci Paymcnl "1 ci iiis 2016-17 Annual Claims & New Claims Fixed Fee equal to $3,575 Payable In two payments: 50% invoiced on 9/15/17 and 50% on 2/15/18 FY 2017-18 Annual & New Claims - MGT will complete and file all eligible annual claims that are due to the State on a timely basis on February 15, 2019, as well as any new, first- time claims having claiming instructions issued during this fiscal year for the following fee. Chiiiiis ( o\ crcci P<i\ inciii '1 c'l;).. 2017-18 Annual Claims & New Claims Fixed Fee equal to $3,575 Payable in two payments: 50% invoiced on 9/15/18 and 50% on 2/15/19 These fees are all inclusive (no expenses will be charged to the City). There are no caps on number of claims, audit support, or site meetings/visits. Page 9 of 9