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HomeMy WebLinkAbout2024-136-E-Housing Dept-Nan Mckay & Assocoates-ConsultingRevised 01/24 1 [Departmental Use Only] TITLE Nan McKay & Assoc. FY 24-25 NORTH CAROLINA SERVICES AGREEMENT NO RFP/RFQ ORANGE COUNTY This Services Agreement (hereinafter “Agreement”), made and entered into this 1st day of February, 2024, (“Effective Date”) by and between Orange County, North Carolina a political subdivision of the State of North Carolina (hereinafter, the "County") and Nan McKay & Associates, (hereinafter, the "Provider"). WITNESSETH: That the County and Provider, for the consideration herein named, do hereby agree as follows: 1. Services a. Scope of Work. i) This Agreement is for services to be rendered by Provider to County with respect to (insert type of project): consulting for the Housing Choice Voucher program. ii) By executing this Agreement, the Provider represents and agrees that Provider is qualified to perform and fully capable of performing and providing the services required or necessary under this Agreement in a fully competent, professional and timely manner. iii) Time is of the essence with respect to this Agreement. iv) The services to be performed under this Agreement consist of Basic Services, as described and designated in Section 3 hereof. Compensation to the Provider for Basic Services under this Agreement shall be as set forth herein. 2. Responsibilities of the Provider a. Services to be provided. The Provider shall provide the County with all services required in Section 3 to satisfactorily complete the Project within the time limitations set forth herein and in accordance with the highest professional standards. b. Standard of Care. i) The Provider shall exercise reasonable care and diligence in performing services under this Agreement in accordance with the highest generally accepted standards of this type of Provider practice throughout the United States and in accordance with applicable federal, state and local laws and regulations applicable to the performance of these services. Provider is solely responsible for the professional Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 1 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF Revised 01/24 2 quality, accuracy and timely completion and submission of all work related to the Basic Services. ii) Provider shall be responsible for all errors or omissions of its agents, contractors, employees, or assigns in the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts at no additional cost to the County. iii) The Provider shall not, except as otherwise provided for in this Agreement, subcontract the performance of any work under this Agreement without prior written permission of the County. No permission for subcontracting shall create, between the County and the subcontractor, any contract or any other relationship. iv) Provider is an independent contractor of County. Any and all employees of the Provider engaged by the Provider in the performance of any work or services required of the Provider under this Agreement, shall be considered employees or agents of the Provider only and not of the County, and any and all claims that may or might arise under any workers compensation or other law or contract on behalf of said employees while so engaged shall be the sole obligation and responsibility of the Provider. v) If activities related to the performance of this Agreement require specific licenses, certifications, or related credentials Provider represents that it or its employees, agents and subcontractors engaged in such activities possess such licenses, certifications, or credentials and that such licenses certifications, or credentials are current, active, and not in a state of suspension or revocation. vi) Should any documents, exhibits, or addenda be attached to this Agreement, the terms of this Agreement shall have priority in any conflict with or among the terms of such referenced documents, exhibits. vii) Should this Agreement involve project designs, the construction or creation of which is to be bid out or fulfilled by other contractors, and bidding or negotiation with contractors produce prices which, when added to the other elements of the approved total project cost, produce a cost that is in excess of the approved total project cost, the Provider shall participate with the County in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved total project cost. All activity of the Provider with respect to these matters shall constitute Basic Services and shall be performed by the Provider without additional compensation. If negotiation and design adjustments fail to bring costs within the total project cost the County may reject all bids and Provider will redesign or reduce portions of the project in an effort to reduce the bid prices to within the total project cost and rebid the project. One such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved total project cost initially or after negotiations with the contractor the cost is not reduced to an amount within the total project cost, the Provider is not obligated to engage in further redesign. 3. Basic Services Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 2 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF Revised 01/24 3 a. Basic Services. The Services to be rendered pursuant to this Agreement are as follows (fully describe services to be provided): See attached Scope of Work 4. Duration of Services a. Term. The term of this Agreement shall be from 2/5/24 to 8/5/24. b. Scheduling of Services. i) The Provider shall schedule and perform its activities in a timely manner. ii) Should the County determine that the Provider is behind schedule, it may require the Provider to expedite and accelerate its efforts, including providing additional resources and working overtime, as necessary, to perform its services in accordance with the approved project schedule at no additional cost to the County. iii) The Commencement Date for the Provider's Basic Services shall be 2/5/24. 5. Compensation a. Compensation for Basic Services. Compensation for Basic Services shall include all compensation due the Provider from the County for all services satisfactorily (as determined by the County) performed pursuant to this Agreement. The maximum amount payable for Basic Services shall not exceed Thirty-Four Thousand Dollars ($34,000). Payment for satisfactorily performed Basic Services shall become due and payable within thirty (30) days of Provider properly invoicing County. Payment shall be subject to provisions of Section 5(b). b. Disputes. In the event the amount stated on an invoice is disputed by the County, the County may withhold payment of all or a portion of the amount stated on an invoice until the parties resolve the dispute. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. c. Additional Services. County shall not be responsible for costs related to any services in addition to the Basic Services performed by Provider unless County requests such additional services in writing and such additional services are evidenced by a written amendment to this Agreement. 6. Responsibilities of the County a. Cooperation and Coordination. The County has designated (Blake Rosser) to act as the County's representative with respect to the Project who shall have the authority to render decisions within guidelines established by the County Manager or the County Board of Commissioners and who shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. 7. Insurance Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 3 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF Revised 01/24 4 a. General Requirements. Provider shall obtain, at its sole expense, Commercial General Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any additional insurance as may be required by County’s Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements (each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If County’s Risk Manager determines additional insurance coverage is required such additional insurance shall consist of Cyber Liability Insurance (if no additional insurance required mark N/A as being not applicable). Provider shall not commence work until such insurance is in effect and certification thereof has been received by the County's Risk Manager. 8. Indemnity a. Indemnity. To the extent authorized by North Carolina law the Provider agrees, without limitation, to defend, indemnify and hold harmless the County from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from property damage or bodily injury including death to any person or persons caused in whole or in part by the negligence or misconduct of the Provider except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this provision to require the Provider to indemnify the County to the fullest extent permitted under North Carolina law. 9. Amendments to the Agreement a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the County and the Provider. The Provider shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the County. 10. Termination a. Termination for Convenience of the County. This Agreement may be terminated without cause by the County and for its convenience upon seven (7) days’ prior written notice to the Provider. b. Other Termination. The Provider may terminate this Agreement based upon the County's material breach of this Agreement; provided, the County has not taken all reasonable actions to remedy the breach. The Provider shall give the County seven (7) days' prior written notice of its intent to terminate this Agreement for cause. Either party may terminate this Agreement upon notice to the other party that obligations pursuant to this Agreement are made impractical due to declarations of emergency by Orange County or by North Carolina due to events directly impacting Orange County. Both parties shall remain responsible for all payment and performance due up to the receipt of such notice, but shall have no further obligation or responsibility beyond that date provided the terminating party has taken all reasonable steps to complete the performance of its Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 4 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF Revised 01/24 5 obligations. c. Compensation After Termination. i) In the event of termination, the Provider shall be paid that portion of the fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the County due to errors or omissions of the Provider. Upon request of the County, the Provider shall submit to County all relevant documentation, including but not limited to, job cost records, to support its claims for final compensation. ii) Should this Agreement be terminated, the Provider shall deliver to the County within seven (7) days, at no additional cost, all deliverables including any electronic data or files relating to the Project. d. Waiver. The payment of any sums by the County under this Agreement or the failure of the County to require compliance by the Provider with any provisions of this Agreement or the waiver by the County of any breach of this Agreement shall not constitute a waiver of any claim for damages by the County for any breach of this Agreement or a waiver of any other required compliance with this Agreement. e. Suspension. County may suspend the Basic Services and this Agreement at any time for County’s convenience and without penalty to County upon three (3) days’ notice to Provider. Upon any suspension by County, Provider shall discontinue work on the Basic Services and shall not resume the Basic Services until notified to proceed by County. 11. Additional Provisions a. Limitation and Assignment. The County and the Provider each bind themselves, their successors, assigns and legal representatives to the terms of this Agreement. Neither the County nor the Provider shall assign or transfer its interest in this Agreement without the written consent of the other. b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. By executing this Agreement Provider affirms that Provider and any subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not been identified, and has not utilized the services of any agent or subcontractor identified, on the list created by the State Treasurer pursuant to G.S. 147-86.81. c. Non-Discrimination. Provider shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non-Discrimination Policy and Orange County Living Wage Policy (each Orange County policy is incorporated herein by reference and may be viewed at Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 5 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF Revised 01/24 6 http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. Binding arbitration may not be initiated by either Party, however, the Parties may agree to nonbinding mediation of any dispute prior to the bringing of such suit or action. e. Entire Agreement. This Agreement represents the entire and integrated agreement between the County and the Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. Modifications may be evidenced by facsimile signatures. f. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. g. Ownership of Work Product. Should Provider’s performance of this Agreement generate documents, items or things that are specific to this Project such documents, items or things shall become the property of the County and may be used on any other project without additional compensation to the Provider. The use of the documents, items or things by the County or by any person or entity for any purpose other than the Project as set forth in this Agreement shall be at the full risk of the County. h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable or not appropriated for the performance of County’s obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Provider of the unavailability or non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement. In the event of a change in the County’s statutory authority, mandate or mandated functions, by state or federal legislative or regulatory action, which adversely affects County’s authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon written notice to Provider of such limitation or change in County’s legal authority. i. Signatures. This Agreement together with any amendments or modifications may be Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 6 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF Revised 01/24 7 executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. j. Notices. Any notice required by this Agreement shall be in writing and delivered by certified or registered mail, return receipt requested to the following: Orange County Provider’s Name Attention:Blake Rosser Nan McKay & Associates P.O. Box 8181 1810 Gillespie Way Hillsborough, NC 27278 El Cajon, CA 92020 [SIGNATURE PAGE TO FOLLOW] Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 7 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF Revised 01/24 8 IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder set their hands and seal, all as of the day and year first above written. ORANGE COUNTY: PROVIDER: By: _________________________________ Bonnie Hammersley By: __________________________________ Catherine Ures, Vice President of Professional Services Printed Name and Title Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 8 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF 3/4/2024 HCV Program Support Services Agreement for the Orange County Housing Department 1 HCV PROGRAM SUPPORT SERVICES Nan McKay & Associates, Inc. (NMA) is prepared to provide the Orange County Housing Department (OCHD) with an onsite assessment of its housing choice voucher (HCV) program designed to support OCHA’s ongoing accomplishments in achieving established goals and addressing newly identified obstacles. Our Approach & Strategy For the proposed project, the NMA team will complete the tasks below, focusing on OCHD’s goals of maintaining a high-performing HCV program while addressing current challenges. T he NMA team will support OCHA in accomplishing the agency’s goals through a combination of onsite and remote efforts by NMA consultants specifically selected based on experience and expertise in the designated area. For each of the focus areas, NMA will follow an assessment protocol, adjusting as necessary depending on each function’s purpose and complexity. The NMA team will follow a five (5) phased approach to provide the requested services: PHASE I Initiating During the Initiating Phase, NMA will facilitate an introductory conference call with OCHD’s key stakeholders. During this call, the team will review the scope of services, clarify goals and expectations, and review the project approach. The NMA team will also request necessary materials for remote review and schedule the onsite visit. Following the conference call, a proposed project schedule will be developed for review and approval by OCHD. PHASE II Discovery NMA consultants will conduct discovery activities prior to the onsite visit to ensure the NMA team fully utilizes their time at OCHD. The NMA team will also work in close coordination with OCHD to obtain remote access to any systems and documents necessary to perform the assessment during this phase. Phase I Initiating Phase II Discovery Phase III Executing Phase IV Deliverables Phase V Ongoing TA Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 9 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF HCV Program Support Services Agreement for the Orange County Housing Department 2 Preparation work will incorporate review of available OCHD documents, including: ▪ Administrative plan ▪ Homeownership program goals, contacts and related documentation ▪ HQS inspections report OCHD Responsibilities In order for the NMA team to be successful in providing the desired services, we request that OCHD provide the following: ▪ Physical onsite working space ▪ Access to necessary OCHD personnel during both onsite and offsite efforts ▪ Remote access to agency housing software ▪ Access to agency documents and records, as needed PHASE III Executing A NMA consultant will be onsite at OCHD for three (3) consecutive days every other month for a six (6)-month period. The onsite visit will begin with a meeting with OCHD’s management to discuss expectations and known issues. While onsite, NMA will take actions related to supporting OCHD’s efforts to prepare to open its HCV waiting list, conduct quality control Housing Quality Standards, (HQS) quality control inspections, and take actions as necessary to support the creation of OCHD’s HCV Homeownership program. Wait ing List OCHD has begun the HCV waiting list purge process and may open its waiting list in 2024. NMA actions will include: ▪ Analyzing resources available to the PHA to determine by what means OCHD will next accept applications ▪ Reviewing wait list selection language in OCHD’s administrative plan to ensure consistency with OCHD’s goals ▪ Reviewing wait list application language to ensure families may easily and properly apply ▪ Identifying obstacles and needs to smooth application acceptance and waiting list management Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 10 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF HCV Program Support Services Agreement for the Orange County Housing Department 3 HQS QC Inspections NMA will conduct housing quality standards (HQS) quality control (QC) inspections as required under the Section 8 Management Assessment Program (SEMAP). NMA actions will include: ▪ Coordinating with OCHD’s HCV inspector Tim Stone in: o Determining the number of HQS QC inspections to be conducted o Notifying families and owners of scheduled HQS QC inspections and outcomes o Tracking HQS QC inspection results o Maintaining HQS QC records for SEMAP certification and audit purposes ▪ Every other month, physically conducting HQS QC inspections while accompanied by OCHD’s HCV inspector HCV Homeownership Program NMA will assess the status of current Homeownership (HO) program participants and assist OCHD in the redesign and rollout of OCHD’s updated HO program. NMA actions will include: ▪ Researching original program documentation from previous HO clients ▪ Investigating viability of Orange County’s downpayment assistance program for HO program participants ▪ Contacting local banks to investigate willingness to provide loans to HO families and determine viability of developing MOUs with potential lenders ▪ Contacting community partners (e.g., Sharon Reid, EMPOWERment, Inc.) as HO program resources PHASE IV Deliverables NMA will provide a written report each month to OCHD management, in which NMA will detail completed actions, provide the status on current projects, and present planned next steps to accomplish goals. PHASE V Ongoing Technical Assistance Following the onsite visits, NMA will continue to assist OCHD on a remote basis for twenty-four (24) hours per month over a three (3)-month period in order to provide ongoing technical assistance and support OCHD in accomplishing other agency goals. Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 11 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF HCV Program Support Services Agreement for the Orange County Housing Department 4 Proposed Investment NMA will invoice OCHD monthly at the hourly rates listed below for services performed under each phase, as outlined in the scope of services provided above, as well as for all actual reasonable travel expenses incurred for onsite services. Travel expenses include but are not limited to travel, lodging, and per diem. Description Rate Onsite Hours Offsite Hours Estimated Cost Phase I: Initiating Project Manager $96 0 5 $480 Senior Consultant $150 0 2 $300 Phase II: Discovery Project Manager $96 0 2 $192 Senior Consultant $150 0 24 $3,600 Phase III: Executing Project Manager $96 0 0 $0 Senior Consultant $150 72 0 $10,800 Estimated Other Direct Costs (Travel, Lodging, Per Diem) $5,691 Phase IV: Deliverables Project Manager $96 0 0 $0 Senior Consultant $150 0 12 $1,800 Phase V: Ongoing TA Project Manager $96 0 0 $0 Senior Consultant $150 0 72 $10,800 Estimated Project Total $33,663 Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 12 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF HCV Program Support Services Agreement for the Orange County Housing Department 5 Services Agreement Limitation of Liability In no event will NMA’s aggregate liability arising out of or related to this agreement, whether in contract, tort (including, without limitation, negligence), or under any other theory of liability, exceed the total fees paid by OCHD to NMA in the six (6) months preceding the initial event giving rise to the claim under this agreement. Pricing & Billing Please note that the pricing presented herein is valid for thirty (30) days. NMA will invoice this Agreement via email as outlined within the Proposed Investment section. Please enter contact information below for the person who will receive monthly invoices: Name: Title: Email Address: Phone: Term This Agreement, when duly executed by both parties, shall constitute a binding Agreement between OCHD and NMA and their respective successors and assigns for a term of one (1) year from the date of contract execution, defined as the day when the contract was signed by both parties. If agreed upon by both parties, the term may be extended for up to four (4) additional periods of one (1) year each and prices will be updated at the time of each extension to reflect the current rate for the selected services. Either party may terminate this Agreement for any reason by providing the other party with thirty (30) days written notice specifying that the Agreement is being terminated pursuant to this Subparagraph. No further notice shall be required. COVID-19 Consideration NMA will prioritize the safety of staff and residents. If an onsite engagement is identified as a safety concern, NMA will work with OCHD to develop alternative options for fulfilling the agreed- upon service. All NMA team members onsite will comply with North Carolina COVID-19 requirements. Offering of Employment Per this Agreement, the OCHD may not extend an offer of employment to the consultants assigned to this project. Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 13 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF HCV Program Support Services Agreement for the Orange County Housing Department 6 Publicity Neither party shall issue a press release or other public statement regarding the relationship of the parties or this Agreement without the prior written consent of the other party. Notwithstanding the forgoing, OCHD agrees that NMA may list OCHD as one of its clients in NMA’s marketing materials. Governing Law The final Agreement shall be governed by and construed in accordance with the laws of the State of California and the laws applicable therein. Acceptance OCHD indicates their acceptance of this Agreement by signing in the appropriate space provided below and returning a signed copy to NMA. Once received by NMA, it will be countersigned, and a fully executed copy will be provided to OCHD. IN WITNESS WHEREOF, OCHD and NMA have executed this Agreement through their duly authorized officers. For Nan McKay and Associates, Inc.: For the Orange County Housing Department: Date: Date: By: By: Signature Catherine Ures Signature Printed Name Vice President of Professional Services Printed Name Title Title 02-15-2024 Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 14 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 9/20/2023 Spectrum Risk Management 74 Discovery Irvine, CA 92618 949-756-5730 949-756-5740 www.spectrumrisk.com 0C77485 Jim Waterhouse Account Manager office@spectrumrisk.com Nan Mckay and Associates, Inc. 1810 Gillespie Way #202 El Cajon CA 92020 76401468 3 Orange County PO BOX 8181 300 West Tryon Street Hillsborough NC 27278 Orange County, its officers, agents and employees are additional insureds with respect to the general liability per the attached carrier forms. A 1,000,00050946209019/25/2023 9/25/2024 1,000,000 3 10,000 3 1,000,000 3 Deductible- $0 2,000,000 2,000,0003 A 5094620901 9/25/2023 9/25/2024 1,000,000 3 3 A 5094621188 9/25/2023 9/25/2024 3,000,0003 3,000,000 3 10,000 Not insured through this Agency A Professional Liability 596375059 9/25/2023 9/25/2024 $5,000,000 Per claim/Agg. Retention $50K A Network Security/Privacy/Media Liab 652339992 5/19/2023 5/19/2024 $5,000,000 Per claim/Agg.- Retention $50K B Crime coverage- Client Property BD3 1007035 11 5/4/2023 5/4/2024 $1,000,000 limit/ Retention $5K C Employment Practices Liab-3rd party DVA106257400 1/15/2023 1/15/2024 $1,000,000 Each claim- Retention $175K Continental Casualty Company 20443 The Hanover Insurance Company 22292 Republic-Vanguard Insurance Company 40479 76401468 | 23-24 ALL LINES | Ginnie Bustamante | 9/20/2023 2:51:22 PM (PST) | Page 1 of 8 Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 15 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF 9/20/2023Nan Mckay and Associates, Inc.509462090176401468 | 23-24 ALL LINES | Ginnie Bustamante | 9/20/2023 2:51:22 PM (PST) | Page 2 of 8Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 16 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF 76401468 | 23-24 ALL LINES | Ginnie Bustamante | 9/20/2023 2:51:22 PM (PST) | Page 3 of 8Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 17 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF 76401468 | 23-24 ALL LINES | Ginnie Bustamante | 9/20/2023 2:51:22 PM (PST) | Page 4 of 8Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 18 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF 76401468 | 23-24 ALL LINES | Ginnie Bustamante | 9/20/2023 2:51:22 PM (PST) | Page 5 of 8Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 19 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF 76401468 | 23-24 ALL LINES | Ginnie Bustamante | 9/20/2023 2:51:22 PM (PST) | Page 6 of 8Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 20 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF 76401468 | 23-24 ALL LINES | Ginnie Bustamante | 9/20/2023 2:51:22 PM (PST) | Page 7 of 8Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 21 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF 76401468 | 23-24 ALL LINES | Ginnie Bustamante | 9/20/2023 2:51:22 PM (PST) | Page 8 of 8Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 22 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 23 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF To whom it may concern: paperless delivery 20240679 The above inbox and phone number below are for automating electronic delivery of certificates only. 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Lockton Insurance Brokers, LLC - Pacific Series Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 24 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF Revised 01/24 9 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Nan McKay & Associates Vendor Contact Person: Emily Frampton Phone: 619-857-4665 Address: 1810 Gillespie Way City El Cajon State: CA Zip: 92020 Department: Housing Amount: $34,000 Purpose: Consulting Budget Code(s): 33480020-630000 Vendor # 29899 Vendor Status with NCSOS: N/A Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: ) (Most Recent Amendment ) Effective Date 2/5/24 End Date 8/5/24 Notice Date N/A (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(#Previously established relationship with vendor) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content . Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 25 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF 2/23/2024 2/26/2024 3/4/2024 3/4/2024 3/4/2024 Revised 01/24 10 Office of the Clerk to the Board __________________________________________Date:________ Document Ref: CWMJZ-GCUHS-QGTEL-GBJGS Page 26 of 26 DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF Signature Certificate Reference number: CWMJZ-GCUHS-QGTEL-GBJGS Document completed by all parties on: 15 Feb 2024 20:49:22 UTC Page 1 of 1 Signer Timestamp Signature Catherine Ures Email: catherine.ures@nanmckay.com Recipient Verification: Sent:15 Feb 2024 20:47:08 UTC Viewed:15 Feb 2024 20:49:04 UTC Signed:15 Feb 2024 20:49:22 UTC ✔Email verified 15 Feb 2024 20:49:04 UTC IP address: 72.220.156.84 Location: San Diego, United States Signed with PandaDoc PandaDoc is a document workflow and certified eSignature solution trusted by 50,000+ companies worldwide. DocuSign Envelope ID: 9D7B52D2-EBD5-4C52-9C65-C0FC1ED56EAF