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HomeMy WebLinkAboutHCI SYSTEMS INCN-2020-029 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES. _ '3 /2/2c724 CLERK OFCOUN It AGREEMENT WITH HCI SYSTEMS, INC. TO PROVIDE DATE: de,,, n 0-?JLo r•bDril DOOR ACCESS SYSTEM MAINTENANCE FOR THE POLICE DEPARTMENT N N THIS AGREEMENT is made and entered into on this 2V" day of December, 2019 by and between 00 HCI Systems, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter N city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of providing door access system maintenance for the Police Department. B. Consultant represents that it 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 under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE., in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree 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 and adequately complete the services described and set torth 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 in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $9,550. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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. 3. TERM This Agreement shall commence on January 1, 2020 and continue for a one (1) year term until December 31, 2020, with the option for the City to grant a renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. Page 1 of 7 N21878v1 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs 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 for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium 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 f'or any Documents & Data the subcontractor prepares under this Agreement. Consultant represents 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 of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. 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: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(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 property, resulting from any act or occurrence arising out of Contractor'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 injury, including death resulting therefrom, and property 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. #21878v1 Page 2 of 7 b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- 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 $1,000,000 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 of not 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 Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full 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. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material 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 into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. 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 Contractor's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (I ) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) #21878v l Page 3 of 7 from any claim that personal injury, 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, hold harmless, and pay all 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 Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against 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. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall 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 under 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. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood 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 like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information 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 #21878v1 Page 4 of 7 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 rightful 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, 11. 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 manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Provider shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The 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. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed 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 Contractors retained by City. #21878vl Page 5 of7 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 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 deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No 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 not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement 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 venue 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 of this Agreement, 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 United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and 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. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: 921878v1 Page 6 of 7 To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Chief of Police City of Santa Ana 20 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 Fax:714-245-8007 To Contractor: I ICI Systems, Inc. Attn: Dario Canizalez, CFO 1354 South Parkside Place Ontario CA 91761 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) days 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. 20. MISCELLANEOUS PROVISIONS a. Each undersigned 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 any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. #21878v1 Page 7 of 7 IN WITNESS NI IC" RFOF. the parties hereto have executed this Agreement the date and year first above written. ATTEST: 0 Colerk of the APPROVED AS TO FORM: SONIA R. CARVALHO City tomey By. Tam a Bogosian Assistant City Attorney RECOMMENDED FOR APPROVAL: David Va to of Police CITY OF SANTA ANA CONSULTANT: Dario Canizalez Chief Financial Officer k21878v1 Page ll of 7 EXHIBIT A SCOPE OF SERVICES and RATES Exhibit A Ontario • San Diego • Irvine • Pasadena • Fresno I fi"HC1 Hayward • Sacramento j �+ Telephone: (877) 331-2084 • Fax: (909) 628-7774 �.--"'�•• .Systems Inc. State Contractors License C-7, C-10, C-16 #905493 SECURITY SYSTEM SSA AGREEMENT Date: September26, 2019 Job Site: Santa Ana PD To: Boris Duran 60 Civic Center PI Santa Ana, CA Phone: From: Lauren Reyes Email: bduran@santa-ana.org 949.415.9621 HCl Systems is pleased to submit this proposal to provide the Annual Softw above referenced job site. The scope of work to be completed is as follows: at 1. Annual Software Support Agreement for C Cure 9000 Series P (This option includes 24/7 emergency telephone technical support access, The C-Cure 1 year of support ($4,550) can be applied towards the overall purchase of a new system. 2. Reinstatement Fee for lapsed coverage Model P, Q and R Service Labor not to exceed $5,000.00 Total agreement will not exceed $9,550.00 including material, labor, and sales tax. Service Labor Rates HCI publishes an official Service Labor Rate Schedule a minimum of once per year. This Rate Schedule includes standard labor rates for customers that do not participate in our Customer Support Program (CSP) and a discounted rate structure for current CSP customers. Under this inspection contract rates for non-scheduled, emergency or T&M services will be as follows: Straight Time Overtime Double time Technician (Fire/Security/DAS/ Suppression/Nurse Call $135.00 $195.00 $ 265.00 Fiber Optic Technician $145.00 $195.00 $ 250.00 IT Technician $ 300.00 $ 450.00 $ 595.00 Truck Charge $ 69.00 Travel Time Travel time portal-to-portal Minimum Charge 3-hrtechnician V3.012519, Quoted 9/26/19 Page 1 of 4 Ontario • San Diego • Irvine • Pasadena • Fresno Hayward • Sacramento 4HCI ,Ack � Telephone:(877)331-2084•Fax:(909)628-7774 Systems Inc. State Contractors License C-7, C-10, C-16 #905493 Special • Work will be performed during normal business hours. • Any additional work outside of the above proposed scope will be quoted separately, • HCI excludes fire watch. • HCI excludes all paint and patch work, • This proposal is based on access to all areas listed above, on the day of scheduled work. If HCl is not able to access required areas within the scheduled date, a separate charge will apply. • If HCl finds during the course of work that additional labor and/or materials are needed, work will be stopped and customer will be advised. • Unless expressly stated otherwise under the Scope of Work, the price quoted EXCLUDES any prevailing wage, special wage, and/or certified payroll. Thank you for the opportunity to review your needs and offer this proposal. Please feel free to contact me if you have any questions or concerns at 949-415-9621. Sincerely, Lawre+v??eye,k HCI Systems Inc. If you would like us to proceed with the work included in this proposal, please sign below and is accepted in accordance with the attached Terms & Conditions. Proposal Approved By (Signature) Printed Name Title Date PO# (if required) V3.012519, Quoted 9/26119 Page 2 of 4 Ontario • San Diego • Irvine • Pasadena • Fresno %`"HC1 Hayward • Sacramento �w/ Telephone: (877) 331-2084 • Fax: (909) 628-7774 '� l_...-i.. Systems Inc. State contractors License c-7, c-10, c-16 N905493 V3.012519, Quoted 9126/19 Page 3 of 4 1' Ontario 0 San Diego s Irvine 0 Pasadena a Fresno Hayward a Sacramento ,1111i HC1 Telephone: (877) 331-2084 • Fax: (909) 628-7774 ' Systems Inc. State Contractors License C-7, C-I0, C-16 #905493 Terms & Conditions 1. Customer agrees: • to provide free access to all areas of the facility covered by the fire alarm system. Where necessary, the customer will provide a person familiar with the facility who can gain access to all areas; • to provide the necessary equipment or lifts to reach inaccessible equipment and peripherals; • to supply suitable electrical service, and; • that in the event of any emergency or system failure, reasonable safety precautions will be taken to protect life and property (including fire watch) during the period of time from when HCI is first notified of the emergency or failure and until such time that HCI notifies the customer that the system is operational or that the emergency has cleared. 2. Unless noted elsewhere in this proposal, the customer agrees to provide a person or persons to monitor, verify and reset the fire alarm panel or command center during all scheduled HCI testing. 3. No repairs beyond those listed under the Scope of Work herein will be performed without a prior written authorization and a change order executed for additional cost. This Agreement assumes the system covered Is in maintainable condition. If repairs are found necessary upon Inspection, a proposal for repair at an additional cost will be submitted for approval. Should such repair proposal be declined, those non -maintainable items will be removed from the Agreement and the contract amount adjusted accordingly. 4. It Is understood that repair, replacement and emergency service provisions apply only to the systems and equipment covered by this Agreement and identified in the List of Covered Equipment. Repair or replacement of non -maintainable parts of the system such as, but not limited to, unit cabinets, insulating materials, electrical wiring, structural supports and other non-moving parts, is expressly excluded from this Agreement. 5. Emergency Service Exclusions. Emergency Service does not Include travel expense, material and labor charges required as a result of accident, fire, storm, water, negligence, misuse, vandalism, power failure, source current fluctuations, lighting surges, any failure whatsoever resulting in whole or in part from a non-HCI installation, parts, service, attachments, or devices, or any other cause external to the equipment. Emergency Service will be provided in accordance with the description provided in Scope of Work. All services will be provided during normal business hours unless outlined elsewhere in this Agreement. a. HCI may transferor assign this Agreement to any other fire alarm company or financing institution without notice to you. You may not transfer this Agreement to someone else (including someone who purchases or leases or subleases your premises) unless we pre -approve the transfer in writing. We may use subcontractors to provide the services herein. 7. HCI will not reload software, nor make repairs or replacements necessitated by reason of negligence or misuse of the equipment by others, or caused by lightning, electrical storm, or other violent weather, or by any cause beyond HCI control except ordinary wear and tear. 8. The customer shall promptly notify HCI of any malfunction in the system(s) that comes to the customer's attention. HCI will not be responsible for fire watch in the event of system failure. 9. It is mutually understood that in providing the services included in this Agreement, HCI is not an insurer and does not guarantee any damage to property or Injury to person will not occur. 10. This agreement shall be governed and construed in accordance with the laws of the state of California. Both parties agree to submit to the exclusive venue and jurisdiction of the courts of California for any litigation pertaining to this Agreement. 11. Neither HCI or Its representative shall be liable to the purchaser or anyone else for any liability, claim, loss, damage or expense of any kind, or for any direct, consequential, collateral or incidental damages, relative to or arising from or caused directly by the equipment, its installation, its service, or the use thereof or any deficiency, defect or inadequacy of the equipment. It is expressly agreed that purchaser's exclusive remedy for any cause of action relating to the purchase, installation, service and/or use of equipment shall be for damages and HCI liability for any and all losses or damages resulting from any cause whatsoever, Including negligence, shall in no event exceed the price of the service agreement for the equipment in respect to which the claim is made or, at the election of HCI, the restoration or replacement or repair of such equipment. 12. Fire watch is excluded. 13. Payments are due within 30 days of the submittal of an invoice. Overdue payments shall bear interest at the rate of 1-1/2% per month from the date on which payment is due until paid. 14. If any dispute arises out of this Agreement, such dispute shall be subject to Arbitration at the sole discretion of HCI. If any arbitration or action at law or equity shall be brought on account of any breach of this agreement or to enforce or interpret any of its provisions, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, which shall be fixed by the tribunal or court and be made a part of any award orjudgment rendered. V3.012519, Quoted 9/26/19 Page 4 of 4 HCISYST-01 PATF oR0 CERTIFICATE OF LIABILITY INSURANCE DAT;I'M ^l. DIYYYY) 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(les) 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 5 . PRODUCER License If OM70471 H&AEACT Andrea Todd Orion Risk Management Insurance Services, An Alera Group Insurance PHONE _ 949 6 FAX Agency,LLC (AJC. No. Eee.I )_ OB-4924 (AC. No): Senn n. :I o..__, c..:._ aan EJAAIL n��-,Irlll...:---;_I, _ _ INSURED MCI Systems, Inc. 1354 South Parkside Place Ontario, CA 91761 CflVFRangn r1GGT1CN`ATC: Mlikii _ NSURERtS)AFFORCINGCOVERAGE _ NAICe_ INSURER A. Everest Indemnity Insurance Company _ 10851 INSURER B Federal_ Insurance Company 20281 .ENSURER c The Ohio Casualty Insurance Company _ ;24074_ INSURER D INSURER E 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. INSF'---- -TYPE OF INSURANCE ADDLSUBRt INSD MOPOLICY NUNBER- POLICY ii LTR -- -- - LIMITS - POLICYEXP I A X I COMMERCIAL GENERAL LIABLL I EACH OCCURRENCE F 1.000,006 CLAIMS MADE X OCCUR X SIGLO14270191 312/2019 =12020 I DAMAGEAET RENTED �)_ 100.000 meimj t- 5,000 PERSONAL a_ADV INJURY 1-000,000 GENL AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE 2,000,000 POLICY XX T LOC PRODULTS-C_ P DD_ ��— �---- 2,000,000 X E15,000 Ded OTHER. B AUTOMOBILE LIABILITY �AM9BI EO RINGLE LIMB S 1,0001000 X ANYAUTO _ 54309497 3/212019 3/212020 ODDLY INJURY Pmper T) $ AUUTOS ONLY _ 1 WNED AUUpTTON.pSSWWDN�NDII�� INJURY (Por acckenl _ X AUTOS ONLV X AUTOSONLV pODDLY F Per mttit AMNDE $ - ,, A UMBRELLA LIAR X OCCUR EACH OCCURRENCE j_ 10,000,000 X EXCESS LIAR . I CLAIMS -MADE i51CC005185191 3/2/2019 --__- 31212020 r AGGREGATE__. 10,000,000 DED X RETENTIONS 10,000 B AND EMPLOYERS UABILIITr �LATUTE mgµ t ANY PROPRIETOWPARTNER,EXECUTIVE YIN F14309496 312/2019 oFFILEFUM1IeM R E%CLUOED° Y NIA 312/2020 I E.L. EACH ACCIDENT____ f _ 1,000,000 _ ilENl - 1,000,000 i'ManaabbyIn S Yes,SCdbacr,b. upper E L DISEWE_EA EMPLOY _� _ 1,000,000 DERIPTION OF OPERATIONS below E. L. DISEASE - POLICY LIMIT A 'Professional Liab SIGLO14270191 312/2019 312/2020 Included in GL Limit C (Equipment Floater SM059609854 3/2812019 312812020 IJobsite Limit ! 500,000 DESCRIPTION OF OPERATIONS) LOCATIONS I VEHICLES AC ORD 101. Addlllonal Remarks Schedule, may be attached I1 more spat* is required) City of Santa Ana, officers, employees, agents, volunteers and representatives are Included as Additional Insured per the terms of the attached General Liability endorsements. Primary wording applies per the terms of the attached General Liability endorsement. 30 Days' Notice of Cancellation; 10 Days' Notice for Non -Payment (non -reporting if applicable) apply per policy provisions. City of Santa Ana REV( ED & APPF Risk Management Division !aN ANAGEMENTI 20 Civic Center Plaza, 4th Flo Santa Ana, CA 92701 09 2020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE MEXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN OROANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) v3AI�t GTHA M ©1919-2011 ACORD CORPORATION. All rights reserved. The AC name and f6OC �Ye9istered marks of ACORD POLICY NUMBER:51GLO14270-191 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Blanket where required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", 'property damage" or 'personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 2. 1. The insurance afforded to such additional insured only applies to the extent permitted by law: and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. REVI�WED & APPROVED By Ri MANAGEMENT DivisiON 09 2020 CG 20 10 04 13 0 In9SAMAN9r1hcb&tluti0$KRT2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 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. EVI ED &APPROVED y RIS MANAGEMENT DIVISION N 09 1020 SAMANTHA M. LAMBERT © Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: 51GLO14270-191 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket where required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or .'property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreementRfo provide for such additional insured. Rv B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. & APPROVED 1GEMENT DIVISION 09 2020 CG 20 37 04 13 0 Insuranc _ . _ _ . , . ., M=T Page 1 of 1 POLICY NUMBER 51GLO14270191 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that- (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 ©Insurance (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured & APPROVED 1GEMENT DivlstON 09 2020 Page 1 of 1 M. LAMBERT