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HomeMy WebLinkAboutARROYO, ERIC; DBA ARROYO BACKGROUND INVESTIGATIONS 1 (2)INSURANCE NOT ON FILE cMIORK MAY NOT PROCEED LERK OF COUNCIL DATE' AUG 2 7 2018 0: SAPD (/) Fiscal AGREEMENT WITH ARROYO BACKGROUND INVESTIGATIONS TO CONDUCT BACKGROUND INVESTIGATIONS N-2018-163 TH[S A6REEMENT is made and entered into this I Oth day of July, 2018 by and between Eric Arroyo aka Arroyo BackiaroUnd Investigations, ("Consultant"). and the City of Santa Ana, a charter city and municipal corpovation organized and existing Linder the Constitution and laws of Lice State of California ("City"). RECITALS A. fhe City desires to retain a consultant having special skill and knowledge in the field of providing background investigations. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant Linder this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting tram in the fleld. NOW THEREFORE, in consideration of the mutual and respective promises, andsub*t to the terins and conditions hereinafter set forth, the panties aPee as follows: SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully I I and adeqUatQty complete the services described and set forth in Exhibit A. attached hereto and incorporated by reference, 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified it, Exhibit A. The total amount to be expended for this Agreement shall not exceed $10,000. b. Payment, by City shall be made within 45 days (forty -'Five) (lays following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Consultant agrees that final invoice for services performed per this Agreement shall be submitted to the City no later than sixty (60) days after the termination date provided below. payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City, Page I of 8 3. TERM This Agreement shall commonec on the date first written above for a one (1) year term. unless terminated earlier in accordance with Section 15. below. 4. INDEPENDEN'r CONTRkCTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and riot an employee of the City. This Agreement is not intended nor shall it be construed to create an erriployer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant perform,, the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible far all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and pCrpCU-ud license for City to copy, use, modify, reuse, or sublicense any and all copyrights, design,.;, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible racclium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant, ,shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant rcprQsonts and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no Such representation and warranty in regard to Documents &- Data which were provided to Consultant by the City. City shall not be limited in any way in its use ofthe Documents and Data at any time, provided that any such use not within the purposes intended by (his Agreement shall be at City's sole risk. & INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: 8. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance running the City, its orficers, employees, aaents, volunteers and representatives as additional insurod(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to properly, resulting firom any act or occurrence arisbio out of Consultant's operations in the performance of this Agreement, including, Without limitation, acts involving vehicles. The amounts Of insurance shall be not less than the following: single limit coverage applying to bodily and personal 'Itlitiry, including death resulting therefrom, and property Page 2 of 8 damage, in the total amount of $ 1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees. agents—, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City: and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, oreqUiValOnt form, with a combined single limit of not less than $1,60,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. e. Worker's Compensation Insurance, In accordance with the provisions of Section 3700 of the Labor Code. Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake selr- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $ L000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit oftaA less than $ 1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Con.SUham pursuant to this section! i. Consultant shall maintain all insurance required above in, hill force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iiL Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other inaterial aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference hito the Agrcernent. V. Consultant shall supply City With a fully executed additional insured endorsement. K If Consultant: fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this, Agreement. Such termination shall not affect Consultant's right to be paid for its tiny, and material-, expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work perhornsed prior to approval of Insurance by the Citv. Page 3 ON INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives From liability: (1) for personal mhfl`V, damages, jest compensation, restitution,judicial or equitable relief arising out orclairns for personal injury. including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf Mich relates to the services described in section I of this Agreements and (2) from any clifirn that personal injury, jury, damages. just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, ]told harmless, and pay ail costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that Personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consutuint's services are subject to Civil ivil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2792,8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8, INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees againq any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents Provided by Consultant to the City pursuant to this Agreement. % RECORDS Consultant shall kccie records and invoices in connection with the work to be Performed under this Agreement. Consultant shalt maintain complete and accurate records with respect to the Costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum Period of three (3) years, or for any longer period required by law, From the date of final payment to Consultant Linder this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4 of 8 M CONFI DUNTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably undcslood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of [Ike importance, but in no event less than reasonable care, "Confidential InCormation" shall include all nonpublic information. Confidential imonnation includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential if disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightflui possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. IL CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any rnanneriN ith performance of services specified under this Agreement. 11 DISCRIMINATION Consultant shall not discriminate because of rice, color, creed, rchginn, sex, marital Status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training. utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 11 EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Aaroement and any attachments hereto, the terms of'this Agreement shall prevail. 'I his Agreement may notbe modified except by written instrument signed by the City and by an authorized representative of Consultant. fhe parties agree that, any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any , party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 8 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized set -vices of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignineriLl transfer, delegation or subcontract without die City's prior written consent shall be considered null and void. Nothing in this Agreement shall be consti-ded to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15, TERIM.1NATION this Agreement may be terminated by the City upon thirty (30) days written notice of termination. fn such event. Consultant shall be entitled to receive and the City shrill pay Consultant compensation for all services performed by Consultant prior to receipt Of such notice Of termination, subject to the following condition,;: a. As a condition Of'such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law. and Consultant consents to the City's use thereof for such purposes as the City deenis appropriate. b. payment need not be made for work which falls to meet the standard of perfonnancc, specified in the Recitals of this Agreement. 16. WAIVER Na waiver of breach, Failure of any condition, or any right or remedy contained in or granted by the provisions, of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy, No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or 1101 similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUT This Agreement has been executed and delivered in the State of Califorma an([ the validity, interpretation, performance, and crthorcernent of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the VCF)Ue for any action or proceeding that may be brought Or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term ofthis Agoreernent, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the i-frifted States, the State of California, the City Of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 6 of 8 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions, Said inability shall be cause for termination of this Agreement. M MISCELLANEOUS PROVISIONS 1 undersigned IL Each undel- iuied represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for my injuries or damages to City in the event that such authority or power is not, in fact, held by tire signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if UK ,,;or forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuantto this Agreement shall be in writing and shall be deemed to he properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic con imun i cation in the manner provided in this Section, to the following persons: 'To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-301) P.O. Boy, 1988 Santa Ana, CA 9'?702-1988 Fax: 714- 647-6956 W ith courtesy copies to: Chief of Police City of Sanui Ana 60 Civic Center Plaza P.O, Box 1988 Santa Ana, California 91702 Fax: 714-245-8190 To Consultant: Eric Arroyo Arroyo Background Investigations 195 10 Van Buren Blvd.. F3 -192 Riverside, CA 92508 Fax: 951-697-6796 Sonia R. Carva[ho City Attorney Cagy of Santa Ana 20 Civic Center Plaza (M-29) P,OBox 1989 Santa Ana, California 92702 Fax: 714- 647-6515 Page 7 of 8 N-2018-163 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) clays after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the patties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Byi'"'.".._ Tamara Iiogosian Assistant City Attorney RECOMMENDED FOR APPROVAL: David. Valentin Z hief 6 'off ice CITY OF SANTA ANA Er�' rom, Raul Godinez II City Manager CONSUL Eric ,Arroyo Owner Page 8 of 8 N-2018-163 EXHIBITa SCOPE OF SERVICES Exhibit A Office (909) 268-1442 19510 Van Buren Blvd, F3-192, Riverside, Ca 92508 Fax (951) 697-6796 l I Ca Lic# PI 23536 �9 VJ J x Wilhat you can expect from ABI Investigations. ABI believes in being very thorough in all of its investigations. You can be assured that all aspects of the applicant's background will be scrutinized and presented to you for review. As a general rule, we do not give opinions in the background report. However, all facts, good and bad are presented to you along with any corresponding POST / Fire Dimensions, Mr. Arroyo and his company has a great reputation with the kn7v enforcement community and has a great working relationship with the local POST auditors. The Ulowing is an abbreviated list of what ABI includes in background investigations; * All contacts are done in person, by snail / email, on by telephone. * The applicant's current jab will be visited in person. Also. if there are any questionable employment issues, those will be visited in person as well. * All law enforcement jobs and disqualified backgrounds will be visited in person * A home visit and neighborhood check will be done in person. * The turn around for background investigations will be 30 - 45 days (typically closer to 10 ). ® All needs are tailored for your agency and applicant * Most importantly, POST guidelines, legal case law, and government codes are always observed and followed What ABI wants to do for you ABI's goal is to save your department money on salaries, insurance, berurf-45, office supplies, and tune as well as giving you the most complete back round possible. ABI would like to meet with the all of the personnel that would be involved in the process. This is to facilitate a good working relationship and to discuss your department's guidelines (besides POST dimensions) to report possible disqualificnifioric and procedures for the reporting, Anything that your department wants to do with regards to background procedures will be discussed and implemented into our service to you. lotal flat leted non-sw Total flat ratg _gLz�� Ieted volunteer background as uoted biv Santa Ana LPdfilce Dvepqrfment $700 Disqualified applicants In the event that our investigator discovers information that might disqualify the applicant from Your Process, YOU will receive a phone call outlining those issues. At that time, you can allow the investigation to continue Or suspend it, In the event you wish the investigation suspended, a short report outlining the circumstances will be presented to your deparnuent with the final decision resting on you, 'This information and report will be presented to you at the earliest point during the background possible. In the event that you request a suspension on the investigation and it was worked on less than 12 7 hours, which is typical, you will only be billed it an hourly rate of $55.00 per hour. On the average, a background that is disqualified is between seven to tell hours. Any time past 12 hours will be billed at the full background rate. Your department will approve, prior to any scheduling commitments, any extended travel or overnight stay, that are necessary. These items will be billed at only face value of the travel plus an hourly work rate. Any out of town mileage will be billed at 0,51 per mile. For further discussion, please call Eric Arroyo Or (909) 268-1442. 'I'l-rank you for YOLLr consideration, Eric Arroyo - Owner Arroyo Background Investigations ACORD CERTIFICATE OF LIABILITY INSURANCE D07/23/2018 rM 07/23/2018 PRODUCER Costanza Ins. Agency, Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION 9101 LBJ Freeway Suite 150 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TX 75243- (972)991-6084 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Steadfast Insurance 26387 Arroyo Background Investigations INSURER B: 19510 Van Buren Blvd., #F3-192 Riverside CA 92508- INSURER C: INSURER D: INSURER E: I COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD'L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY �EOL9322376-12 03/19/2018 03/19/2019 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED $ 100,000 J( COMMERCIAL GENERAL LIABILITY MED EXP An ane arson $ 5,000 CLAIMS MADE � OCCUR PERSONAL &ADV INJURY 1,000,000 X ERRORS AND OMISSIONS GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PROOUCTS- COMP/OP AGG $ 2,000,000 POLICYPRO- 1prT LOC A AUTOMOBILE _ LIABILITY ANY AUTO EOL9322376-12 03/19/2018 03/19/2019 COM BINED SINGLE LIMIT (Ea accident) $ 1'000'000 ! BODILY INJURY (Per pereon) $ ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS I NON -OWNED AUTOS ! BODILY accident) (Per accident) $ 1—� PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTOONLY- EAACCIDENT S OTHER THAN EA ACC $ ANY AUTO _-_- $ AUTO ONLY: AUG EXCESSIUMBRELLA_LIASILITY T � EACHOCCURRENCE $ AGGREGATE S OCCUR�J CLAIMS MADE S _ DEDUCTIBLE _ $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC BTATU- OTH- R ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $ � E.L. DISEASE -EA EMPLOYEE ---- $ OFFICER/MEMSER EXCLUDED? Ifyes, describeuntler '- PE VI N Blew EAS E.L. DISEASE -POLICY LIWIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED ONLY. PRIMARY NON-CONTRIBUTORY APPLIES, p.....}},, ry9'V%°J t � f6,p ,7CA,a CERTIFICATE HOLDER CANCELLATION Y / Al 014415 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _DAYS WRITTEN CITY OF SANTA ANA POLICE DEPARTMENT NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 60 Civic Center Plaza IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Santa Ana CA 92702- REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) © ACORD CORPORATION 1988 Lessees OrContractors Named Insured: Address (including Zip Code): Arroyo Background Investigations 19510 Van Buren Blvd, F3-192 Riverside CA 92508- M This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section 11 — Who Is An Insured is amended to include as an additional insured any person or organization whom You are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "Property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 1 The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement, However, the insurance afforded to such additional insured: 1, Only applies to the extent permitted by law; and Z Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", '"property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services, U-M -I 175-P, CW(oit/13) Includes COPYlighted material of Insurance Services Office, Inc„ with 16 permission Page 1 of 2 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section Iv— Commercial General Liability Conditions: The additional insured must see to it that 1. We are notified as soon as practicable of an "Occurrence" or offense that may result in a claim; 1 We receive written notice of a claim or "suit" as soon as Practicable; and 1 A request for defense and indemnify of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity, This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1, The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. Z The following paragraph is added to Paragraph 4,b. of the Other Insurance Condition of Section IV — COMMercial General Liability Conditions: 'This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on Our Policy is also covered as an additional insured an another Policy Providing coverage for the same "Occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where Our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured, F. With respect to the insurance afforded to the additional insureds under, this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged, U-GI-1 I 75,F CW (0411 a) Includes copyrighted material of Insurance Services office, Inc., with its Permission. Pago 2 of 2 ACORDTer CERTIFICATE OF LIABILITY INSURANCE DATEIM1201 rn) 03l19/2019 PRODUCER Costanza Ins. Agency, Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION "' New address "* ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3010 LBJ Freeway, Suite 925 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dallas TX 75234- (972)991-6084 INSURERS AFFORDING COVERAGE NAIC # INSURED INBIIRFR A.SteadfaSt Insurance 126387 Arroyo Background Investigations 19510 Van Buren Blvd., #F3-192 Riverside CA 92508- 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD-L POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY EOL9322376-13 03/19/2019 03/19/2020 EACH OCCURRENCE s 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 MED UP (Any one rson CLAIMS MADE � OCCUR $ 5,000 PERSONAL B ADV INJURY 1,000,000 X ERRORS AND OMISSIONS GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER' PRODUCTS - COMP/OP AGO $ 2,000,000 POLICY PRO- LOC A AUTOMOBILE LIABILITY ANY AUTO EOL9322376-13 03/19/2019 03/19/2020 COMBINED SINGLE LIMIT (Ea accident) $ 1.000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (PeraccidenR $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC ANY AUTO AUTO ONLY: qGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE AGGREGATE OCCUR CLAIMS MADE $ DEDUCTIBLE RETENTION $ WORKERS COMPENSATION AND WC S'UuUTqTATU- OTH- EMPLOYERS' LIABILITY ANYCEMMEETORIPARTNDED? CUrNE E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ OFFICERMIEMBER EXCLUDED? Rye& describe under SPECIAL PROVISIONS belm I E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED ONLY. PRIMARY NON-CONTRIBUTORY APPLIES. OZI CITY OF SANTA ANA POLICE DEPARTMENT 60 Civic Center Plaza Santa Ana CA 92702- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE 4 ACORD 25 (20011081 rc) ArnRn rnRPnPATInM 1GAP Additional Insured — Automatic — Owners, Lessees Or Contractors 9 ZURICH Policy No. I Eff. Date of Pol. I Exp. Date of Pol. I Eff. Dale of End. Producer No. Add9. Prem Retum Prem. EOL9322376- 13 1 03/19/2019 03/19/2020 21894000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code): Arroyo Background Investigations 19510 Van Buren Blvd. F3-192 Riverside CA 92508- This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contractor written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F CW (04113) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV— Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a.Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL-1175-F CW(04/13) Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICYHOLDER COPY SP P.O. BOX 8192, PLEASANTON, CA 94588 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 03-28-2019 GROUP: POLICY NUMBER: 1863950-2018 CERTIFICATE ID: 22 CERTIFICATE EXPIRES: 09-01-2019 09-01-2018/09-01-2019 CITY OF SANTA ANA SP 20 CIVIC CENTER PLZ 09-01-2018 SANTA ANA CA 92701-4058 SK This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance affordedbythe policy described herein is subject to all the terms, exclusions,/ and conditions, of such policy. Authorized Representative President and CEO UNLESS INDICATED OTHERWISE BY ENDORSEMENT, COVERAGE UNDER THIS POLICY EXCLUDES THE FOLLOWING: THOSE NAMED IN THE POLICY DECLARATIONS AS AN INDIVIDUAL EMPLOYER OR A HUSBAND AND WIFE EMPLOYER; EMPLOYEES COVERED ON A COMPREHENSIVE PERSONAL LIABILITY INSURANCE POLICY ALSO AFFORDING CALIFORNIA WORKERS' COMPENSATION BENEFITS; EMPLOYEES EXCLUDED UNDER CALIFORNIA WORKERS' COMPENSATION LAW. EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT N0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2019-03-28 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED: CITY OF SANTA ANA ENDORSEMENT X2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-01-2012 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER ARROYO, ERIC JASON AND ARROYO, TERISIA SP 19510 VAN BUREN F-3-192 RIVERSIDE CA 92508 [P19,SK] (REV.7-2014) PRINTED : 03-28-201S ACORD TN ans/CERTIFICATE OF LIABILITY INSURANCE D04/1511001'YVY) 2o1s PRODUCER Costanza Ins. Agency, Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION — New address'•• ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3010 LBJ Freeway, Suite 925 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Dallas TX 75234 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. (972)991-6084 INSURERS AFFORDING COVERAGE NAIC# INSURED Arroyo Background Investigations 19510 Van Buren Blvd., #F3-192 Riverside CA 92508- IMeP/n:LTV= Insurance 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD-L POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL UABILITY EOL9322376-13 03/19/2019 03/19/2020 EACH OCCURRENCE $ 1,000,000 X COMM ERCIAL GENERAL LIABILITY PREMISEDAMAGES(TO RENTED $ 100,000 $ 5,000 CLAIMS MADE [X] OCCUR MED EXP (Any one arson PERSONAL S AOV INJURY $ 1,000,000 X ERRORS AND OMISSIONS GENERAL AGGREGATE 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS - COMPIOPAGG 2,000,000 POLICY PRO L00 A AUTOMOBILE LIABILITY EOL9322376-13 03/19/2019 03/19/2020 COMBINED SINGLE LIMIT $ 1,000,000 ANY AUTO (Ea accident) BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Par person) $ X HIREDAUTOS BODILY INJURY X NON -OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Peraccidenl) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: qGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR CLAIMS MADE DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND I WC STATU- OTH- EMPLOYERS' LIABILITY ANY E.L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ CEMEMBER/PARTNER/EXECUTIVE OFFICEF/MEMBER EXCLUDED? Yee,tl antler PROVISIONS ROVI I N w LIMITSPECIAL E.L. DISEASE -POLICY OTHER DESCRIPTION OF OPERATIONS/ LOCATIONS [VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER IS INCLUDED AS ADDITIONAL INSURED WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED ONLY. PRIMARY NON-CONTRIBUTORY APPLIES. CITY OF SANTA ANA 20 Civic Center Plaza Santa Ana CA 92702- PU U 14410 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) © ACORD CORPORATION 1988