HomeMy WebLinkAboutMENTE INC DBA CESAR VARGAS & ASSOCIATES - 2021INSURANCE ON FILE
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CONSULTANT AGREEMENT
CITY OF SANTA ANA
N-2021-217
THIS AGREEMENT is made and entered into on this I st day of September 2021 by and between
MENTE, Inc., a California Corporation doing business as Cesar Vargas & Associates,
("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and
Nexisting under the Constitution and laws of the State of California ("City").
00
c� RECITALS
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® A. The City desires to retain a Consultant having special skill and knowledge in the field of
providing oral and written translation services from English to Spanish and Spanish to
English or other languages as needed related to redistricting.
B. 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 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:
1. 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 forth in Scope of Services - 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 Compensation - Exhibit B. The total amount
to be expended during the term of this Agreement shall not exceed fifty thousand
dollars ($50,000.00).
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.
#19793v3 Page 1 of 10
3. TERM
This Agreement shall commence on the date first written above for a one-year term
expiring on September 151, 2022, unless terminated earlier in accordance with Section 15, below.
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 for 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
Page 2 of 10
#19793v3
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, 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.
f. 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
Page 3 of 10
#19793v3
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
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for properly 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)
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
Page 4 of 10
#19793v3
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
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
Consultant 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. Consultant 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
#197930 Page 5 of 10
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.
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.
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.
Page 6of10
#19793v3
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:
To City:
Cleric of the City Council
City of SantaAna
20 Civic Center Plaza (M-30)
P.O. Box 1998
Santa Ana, CA 92702.1988
Fax: 714.6.47-6956
To Consultant:
Dr. Cesar Vargas
714-558-5636
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 shalt 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 deemod to have
been given twtmty-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 he excluded.
20. MSCELLANE, OUS PROVISIONS
a. Each undenaigned 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. The Agreement is the final and complete agreement and any prior or
contemporaneous agreements for similar services between the parties is superseded
by this Agreement: This shall not apply where the Parties are currently engaged
and Consultant is providing services not contemplated by this Agreement
c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
#197930 Page 7 of to
N-2021-217
set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
CITY OF SANTA ANA
Gomez Kristine Ridge
of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: 4rTw/N
JoTin M.Funk
Sr. Assistant City Attorney
RECOMMENDED FOR APPROVAL:
0'�. kw'
Daisy Gomez
Clerk of the Council
#19793v3
CONSULTANT:
Dr. Cesar A. Vargas, Executi* Director
MENTE, Inc. dba Cesar Vargas & Associates
Page S of 10
EXHIBIT A
SCOPE OF SERVICES
Inconsideration of the mutual and respective promises and subject to the terms and conditions herein
after set forth, the parties agree as follows,
SCOPE OF SERVICES
a. Consultant shall provide English — Spanish translation/ interpretation or other languages as
needed of the Clerk of the Council related to redistricting including but not limited to outreach
efforts, translation of Community Input workshops, translation of flyers in various languages per
legal requirements, as requested by Cleric of the Council and subject to the availability of
Consultant(s),
b. The City shall provide Consultant sufficient preparatory and background materials (such as
Community Input Meeting scripts and pertinent flyers and reports) no later than 48 hours prior,
to an assignment so that Consultant may be familiarized and kept abreast of the possible items,
terminology; concepts, and direction to be discussed, which may be broached during said
assignment. As these assignments are meant to be public, live meetings, the City cannot
guarantee that items not presented, implied or hinted to in these preparatory materials will not be
brought up during said assignment,
c. The City shall do its best to provide a working environment conducive to simultaneous
interpretation, which includes, but is not limited to, interpretation equipment, sound booth with
full visual access to Chambers or other meeting venue (as available), and other items that may be
applicable, reasonable and feasible for each interpreting assignment,
d. The City shall setup the interpretation equipment, video/ audio feeds to the booth, band, out and
retrieve Interpretation receivers to members of the public, and provide other services incidental
mad necessary to the interpretation services provided by Consultant.
Page 9 of 10
EXHIBIT B
COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its interpretation services, the
hourly rate of $95.00 (ninety-five dollars), with a two-hour minimum, which includes up to thirty (30)
minutes of preparation, familiarization and review time.
For written translations, the rate is $0.18 (eighteen cents) per word translated into the Target Language.
Upon City' s request of a Rush Translation, a 50% ( fifty percent) surcharge shall apply to the written
translation rate above when requesting a shorter than usual translation turnaround time, or with projects
that require a substantial part of the work to be done on Saturday, Sunday or other holidays, or when
other projects must be pushed back to accommodate the City' s request.
Consultant shall notify the City beforehand if and when a Rush Fee would apply, and the City has the
ultimate decision as to whether to authorize the Rush turnaround time.
Page 10 of 10
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A4CC)J? �® CERTIFICATE OF LIABILITY INSURANCE
DA06/10/2021ry)
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 endorsements .
PRODUCER
StateFafTfi Sariah Devereaux-Barrientos, Agent
1417 S Broadway
CONTACT
NAME:
PHON E. 714_541-7280 IFC. No:
ADDRE SS:: sadahlQ7145417280.com
Santa Ana, CA 92707
INSURERS AFFORDING COVERAGE
NAIC N
INSURER A: State Farm Fire and Casualty Company
25143
INSURED
INSURERS:
Mental Inc'
INSURER C :
12664 Chapman Ave
F:
COVERAGES CERTIFICATE NUMBER: RFVIRION NUMRPR-
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
fmmmoIYYYYl
POLICY UP
I rMNUDDfYYY)nLIMITS
X
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
CLAIMS-MADEI OCCUR
PREMISES occuur ante
$ 300,000
MED EXP (Any one person)
$ 5,000
PERSONAL B ADV INJURY
$ 1,000,000
A
Y
Y
92-EK-V825-4
05/16/2021
05/16/2022
GEN'L
X
AGGREGATE LIMIT APPLIES PER:
POLICY JECT[71 LOC
GENERALAGGREGATE
$ 2,000,000
PRODUCTS-COMP/OP ADD
$ 4,000,000
BUSINESS PROPER
$ 11,700
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
a acciden
$
BODILY INJURY (Per person)
$
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY ParamHent
( )
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
PROPERTYDAMAGE
Per accident
$
8
UMBRELLA Luke
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAR
CLAIMS -MADE
DEO I I RETENTIONS
$
WORKERS COMPENSATION
PER OTH-
AND EMPLOYERS' LIABILITY YIN
STATUTE BR
EL. EACH ACCIDENT
$
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? ❑
NIA
EL. DISEASE - EA EMPLOYE
$
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS be.
EL. DISEASE -POLICY LIMIT
$
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more apace Is required)
The City of Santa Ana, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability
arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in Connection with such work or
operations.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
The City of Santa Ana Risk Management Division
20 Civic Center Plaza AUTHORIZED REPRESENTATIVE
Santa Ana, CA 92702
ACORD 25 (2016/03)
PM
01988-2015 ACORD
The ACORD name and logo are registered marks of ACORD
IuRe mmagemer¢ urI n m.
REVIEWED&APPROV®Sr.
V:P WAI
RBk Management Analyst
AD Policy No. 92-EK-V825-4 0810-FB8A CMP-4786.1
Page 1 of 2
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
CMP-4786.1 ADDITIONAL INSURED
(Scheduled)
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
SCHEDULE
Policy Number: 92-EK-V825-4
Named Insured:
Mente Inc.
Name and Address Of Additional Insured Person Or Organization:
The City of Santa Ana
Risk Management Division
20 Civic Center Plaza
Santa Ana, CA 92702
1. SECTION II — WHO IS AN INSURED of
SECTION II — LIABILITY is amended to
include, as an additional insured, any
person or organization 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:
a. Ongoing Operations
(1) Your acts or omissions; or
(2) The acts or omissions of those acting on
your behalf,
in the performance of your ongoing
operations for that additional insured; or
b. Products —Completed Operations
"Your work" performed for that additional insured
and included in the "products- completed
operations hazard".
However, Paragraph 1. Above is subject to the
following
b. If coverage provided to the additional
insured is required by a contract or agreement,
the insurance provided to the additional
insured will not be broader than that which
you are required by the contract or agreement
to provide for such additional insured; and
c. If the contract or agreement between you
and the additional insured is governed by
California Civil Code Section 2782 or 2782.05,
the insurance provided to the additional
insured is the lesser of that which:
(1) is allowed for the satisfaction of a
defense or indemnity obligation by
California Civil Code Section 2782 or
2782.05 for your sole liability; or
(2) You are required by contract or
agreement to provide for such additional
insured.
We have no duty to defend or indemnify the
additional insured under this endorsement until a
claim or "suit" is tendered to us.
a. The insurance afforded to the additional
insured only applies to the extent permitted by
law;
CMP-4786 1007 —" Wek htmugmxntD vie on
� R@/IEV7ED 6 /4PPROV®9Y:
®, COPYRIGHT, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, cC /� /
2013 INCLUDES COPYRIGHTED MATERIAL OF INSURANCE SERVICES OFFICE, INC., WITH ITS PERMISSION �I/L�LLIJQy± F'u' Nd JZ. UWNUCC
CONTINUED ��I Rlsk Management Analyst
PA
3.
4.
Any insurance provided to the additional
insured shall only apply with respect to a
claim made or a "suit' brought for damages
for which you are provided coverage.
With respect to the insurance afforded to
the additional insured, the following is
added to SECTION II — LIMITS OF
INSURANCE:
If coverage provided to the additional
insured is required by contract or
agreement, the most we will pay on behalf
of the additional insured will be the lesser of
the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits Of
Insurance shown in the Declarations.
This endorsement shall not increase the
applicable Limits of Insurance shown in the
Declarations.
With respect to the insurance afforded to
the additional insured, the following is
added to Paragraph 3. Duties In The Event Of
Occurrence, Offense, Claim Or Suit of
SECTION II —GENERAL CONDITIONS:
The additional insured must:
a. See to it that we are notified as soon as
practicable of an "occurrence" or an offense
which may result in a claim. To the extent
possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any injured
persons and witnesses; and
CMP-4786.1
Page 2 of 2
(3) The nature and location of any
injury or damage arising out of the
"occurrence" or offense;
b. Tender the defense and indemnity
of any claim or "suit' to us and to all
other insurers who may have
insurance potentially available to
the additional insured; and
C. Agree to make available any other
insurance the additional insured has
for defense or damages for which
we would provide coverage under
SECTION II — LIABILITY.
S. With respect to the insurance afforded
the additional insured, the following
replaces SECTION II LIABILITY- of
paragraph 7.Other insurance of SECTION
II- COMMON POLICY CONDITIONS:
a. This insurance company is primary to and
will not seek contribution from any other
insurance available to the additional insured
is a named insured under such other
insurance.
b. regardless of any agreement between you
and the additional insured, this insurance
excess over any other insurance whether
primary, excess, contingent or on any other
basis for which the additional insured has
been added as an additional insured on other
policies.
There will be no refund of premium in the
event this endorsement is cancelled.
All other policy provisions apply.
CMP-4786
®, COPYRIGHT, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY,
2013 INCLUDES COPYRIGHTED MATERIAL OF INSURANCE SERVICES OFFICE, INC., WITH ITS
CONTINUED
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CMP-4260.1C
Pape 1 of 3
IMPORTANT NOTICE
Effective with this policy term, CMP4260.1 AMENDATORY ENDORSEMENT (California) replaces
CMP4260 AMENDATORY ENDORSEMENT (California).
This notice summarizes the changes being made to your policy. Please read the new endorsement care-
fully and note the following changes:
SECTION II - DEFINITIONS: Paragraph 18. Personal and Advertising Injury:
• Infringement of another's patent,trademark, ortrade secret is no longerwithin the definition of personal
and advertising injury.
SECTION II - EXCLUSIONS: Paragraph 17. Personal and Advertising Injury:
• Damages from infringement of anothers patent, trademark, or trade secret continue to be specifically
excluded under this policy.
Endorsement CMP-0260.1 follows this notice. Please read it thoroughly and place it withiour policy, If you
have any questions about the information in this notice, please contact your State Farm agent.
This notice is a general description of coverage and/or coverage changes and is not a statement of con-
tract. This message does not change, modify, or invalidate any of the provisions, terms, or conditions of
your policy, or any other applicable endorsements.
AMENDATORY ENDORSEMENT (California)
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COVERAGE FORM
1. SECTION I — EXCLUSIONS is amended as
follows:
a. Paragraph 21 Dishonesty is replaced by
the following:
f. Dishonesty
(1) Dishonest or criminal acts by you,
anyone else with an interest in the
property, or any of your or their
partners, 'members", officers,
"managers', employees, directors,
trustees, or authorized representa-
tives, whether acting alone or in
collusion with each other or with
any other party; or
(2) Theft by any person to wham you
entrust the property for any pur-
pose, whether acting alone or in
collusion with any other parry.
This exclusion applies whether or not
an act occurs during your normal hours
of operation.
This exclusion does not apply to acts of
destruction by your employees; but
theft by your employees is not covered.
With respect to accounts receivable
and "valuable papers and records', this
exclusion does not apply to carriers for
hire.
b. Under Paragraph i. Fungi, Virus Or Bac-
teria, the reference to 23. Fungi, Wet Or
Dry Rot is changed to 24. Fungi, Wet Or
Dry Rot.
2. Paragraph 24. d. under Fun I, Wet Or Dry Rot
And Bacteria of SECTION I— EXTENSIONS
OF COVERAGE does not apply.
3. SECTION II — LIABILITY is amended as fol-
lows:
a. When used in this policy, the words "his or
her are replaced with "that persons".
b. Section ll-Exclusionsisamendedasfol-
lows:
(1) Paragraphs 17.1b. and 17.c. under Per-
sonal And Advertising Injury are re-
placed by the following:
b. Ansing out of oral or written publics -
don of material, in any manner, if
done by or at the direction of the in-
sured with knowledge of its falsity;
®. CapyrgN, Slate Farm MMual Automobile Insumr a Company, 2019
Includes copyngMed material of Imum"a Mry O ce, Inc., w2h iM permission.
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CMP-4260.1C
Page 2 or3
c. Arising out oforal orwritten publics -
ton of material, in any manner,
whose first publication took place
before the beginning of the policy
period;
c. Under SECTION II — MEDICAL EX-
PENSES, Paragraph t.d.(2) under Cover-
age M — Medical Expenses is replaced by
the following:
(2) Executes authorization to allow us to
obtain copies of medical bills, medical
records, and any other information we
deem necessary to substantiate the
claim.
Such authorizations must not:
(a) Restrict us from performing our
business functions in:
I. Obtaining records, bills, infor-
mation, and data; or
ii. Using or retaining records, bills,
information, and data collected
or received by us;
(b) Require us to violate federal or
state laws or regulations;
(c) Prevent us from fulfilling our data
reporting and data retention obliga-
tions to insurance regulators; or
(d) Prevent us from disclosing claim in-
formation and data:
I. To enable performance of our
business functions;
ii. To meet our reporting obliga-
tions to insurance regulators;
III. To meet our reporting obliga-
tions to insurance data consoli-
dators; and
iv. As otherwise permitted by law.
If the holder of the information re-
fuses to provide lt to us despite the
authorization, then at our request
the person making claim or his or
her legal representative must ob-
tain the information and promptly
provide itto us; and
d. SECTION II — DEFINITIONS is amended
as follows:
(1) Paragraphs 181 and 18.g are replaced
by the following:
f. The use of another's advertising
idea in your'advertisemeni or
g. Infringing upon another's copyright,
trade dress or slogan in your "ad-
vertisement'.
(2) Paragraph 18.h. is deleted.
4. The following are added to SECTION I AND
SECTION 11 — COMMON POLICY CONDI-
TIONS:
Our Rights Regarding Claim Information
a. Wewill collect, receive, obtain, use, and re-
tain all the items described in Paragraph
b.(1) below and use and retain the infor-
mation described in Paragraph b.(3)(b) be-
low, in accordance with applicable federal
and state laws and regulations and con-
sistent with the performance of our busi-
ness functions.
b. Subject to Paragraph a. above, we will not
be restricted in or prohibited from:
(1) Collecting, receiving, or obtaining rec-
ords, receipts, invoices, medical bills,
medical records, wage information, sal-
ary information, employment information,
data, and any other information;
(2) Using any of the Items described in Par-
agraph b.(1) above; or
(3) Retaining:
(a) Any of the items in Paragraph b.(1)
above; or
(b) Any other information we have in
our possession as a result of our
processing, handling, or otherwise
resolving claims submitted under
this policy.
c. We may disclose any of the items in Para-
graph b.(1) above and any of the infor-
mation described in Paragraph b.(3)(b)
above:
(1) To enable performance of our business
functions;
(2) To meet our reporting obligations to in-
surance regulators;
®, Copynghr State Farm Mutual Automobile Insurance Company, 2019
includes copyrighted material of Insurance Sari Office, lric with ile pemissim.
Ride Mmug iDivision
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Rak Management Malyst
CMP4260.1C
Page 3 or3
(3) To meet our reporting obligations to in- (1) Authorization related to any claim sub-
surance data consolidators; mltted under this policy; or
(4) To meet other obligations required by (2) Act or omission of an insured or a legal
law; and representative acting on an insured's
(5) As otherwise permitted by law. behalf.
d. Our rights under Paragraphs a., b., and c.
above shall not be impaired by any: All other policy provisions apply.
j CMP-0260.1
®, CopyWIa Slate Fam MNual Automodle Inwmnw Company. 2019
' Includes wWrightei material or In.ra.s Serk 0111100. Inc.,'Wh its permisslon. FEL 92
Page 1 or 1
In accordance with the Terrorism Risk Insurance Act of 2002 as amended and extended by the Terrorism
Risk Insurance Program Reauthorization Act of 2015, this disclosure is part of your policy.
FE-6999.2 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE
Coverage for acts of terrorism is not excluded
from your current policy. However your policy
does contain other exclusions which may be ap-
Vicable, such as an exclusion for nuclear hazard.
You are hereby noted that under the Terrorism
Risk Insurance Act, as amended in 2015, the def-
inition of act of terrorism has changed. As defined
in Section 102(1) of the Act: The term 'act of ter-
rorism" means any act that is certified by the Sec-
retary of the Treasury -gin consultation with the
Secretary of Homeland Security, and the Attorney
General of the United States —to be an act of ter-
rorism; to be a violent act or an act that is dan-
gerous to human fife, property, or infrastructure;
to have resulted in damage within the United
States, or outside the United States in the case of
certain air carriers or vessels or the premises of a
United States mission; and to have been commit-
ted by an individual or individuals as part of an
effort to coerce the cMlian population of the United
States or to influence the policy or affect the con-
duct of the United States Government by coer-
cion. Under this policy, any covered losses
resulting from certified acts of terrorism may be
partially reimbursed by the United States Gov-
ernment under a formula established by the Ter-
rorism Risk Insurance Act, as amended. Under
the formula, the United States Government
generally reimburses 85% through 2015; 84%
beginning on January 1, 2016: 83% beginning on
FE 6999.2
January 1, 2017; 82% beginning on January 1,
2018; 81% beginning on January 1, 2019; and
80% beginning on January 1, 2020 of covered
terrorism losses exceeding the statutorily estab-
lished deductible paid by the insurance company
providing the coverage. The Terrorism Risk Insur-
ance Act, as amended, contains a $100 billion
cap that limits U.S. Government reimbursement
as well as insurers' liability for losses resulting
from certified acts of terrorism when the amount
of such losses exceeds $100 billion in any one
calendar year. If the aggregate insured losses for
all insurers exceed $100 billion, your coverage
may be reduced.
There is no separate premium charged to cover
insured losses caused by terrorism. Your insur-
ance policy establishes the coverage that exists
for insured losses. This notice does not expand
coverage beyond that described in your policy.
THIS IS YOUR NOTIFICATION THAT UNDER
THE TERRORISM RISK INSURANCE ACT, AS
AMENDED, ANY LOSSES RESULTING FROM
CERTIFIED ACTS OF TERRORISM UNDER
YOUR POLICY MAY BE PARTIALLY REIM-
BURSED BY THE UNITED STATES GOVERN-
MENT AND MAY BE SUBJECT TO A $100
BILLION CAP THAT MAY REDUCE YOUR COV-
ERAGE.
0,, Copyrght Sate Fan Mutual ANomohlle Inwranne Company, 2015
(CONTINUED)
Ride ManiagernmtDaicion
oL � CRENEWEI]&b/VP,PIROV®SY:
e�t-®1-uLL1L� r'ikF6N.� A. t1
�� Risk Management Analyst
CITY OF SANTA ANA
RISK MANAGEMENT, diu� 4HUMAN RESOURCES
Managing ft& dvouo Posidw Changi:
WORKERS' COMPENSATION DECLARATION
Cesar Vargas/Executive Director hereby affirm under penalty of perjury, the
(Nome/Title)
following declaration:
I certify on behalf of Cesar Vargas & Associates / MENTE, Inc. that during the term
(Consultant/Company Name)
of my contract for Translation/Interpretation services with the City of Santa Ana,
(Type of service provided)
I will not employ any person in any manner so as to become subject to the workers'
compensation laws of California, and agree that if I should become subject to the
workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith
comply with the provisions and provide proof of workers' compensation coverage
immediately.
Date: May 24, 2021
Print Name: Cesar Vargas
Print Title
Signature
Telephone
Executive girector
714-987-2889
WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND
SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED
THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS
PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES.
�.__� IURM�¢MflttUM9lprt
I:�Risk MgmtJ Insuran ce Re q uirem en ts ) WC Declaration 08152019 It. '" Fµ� k. VWA�
�.
Rlsk Management Analyst
Cesar Vargas & Associates
December 1, 2020
City of Santa Ana
Risk Management Division
20 Civic Center Plaza, 4th Floor
Santa Ana, CA 92702
Re: Auto Insurance Requirement
Dear City of Santa Ana Risk Management Division:
Cesar Vargas & Associates, a DBA of MENTE, Inc., has intent to enter into an agreement with
the City of Santa Ana. Throughout the course of this agreement, Cesar Vargas & Associates
attests to the following:
1. Cesar Vargas & Associates will not use/drive any vehicle during the course and scope of
the services provided in the agreement/contract.
2. Cesar Vargas & Associates will not use any owned/rented/leased vehicles during the
course and scope of the services provided in the agreement/contract.
3. Cesar Vargas & Associates consultants/independent contractors/employees utilize their
personal vehicles/non-company owned, borrowed, or rented/leased vehicles for
transportation to and from work and if applicable carry their own automobile insurance.
By signing below, I, Cesar Vargas, attest that I possess the legal authority to enter into an
agreement with the City of Santa Ana as well as the legal authority to attest to the statements
above. If at any time it is found that Cesar Vargas & Associates is not adhering to any/all
statements in this document and has not provided the minimum Auto liability insurance
coverage of $1 million per occurrence, the contract will be considered null and void and the
company will be held fully liable for any and all damages.
Cesar Vargas
Executive Director
Cesar Vargas & Associates
714-987-2889
cavargas@hotmail.com
8502 East Chapman Avenue # 302 1 Orange,
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2112597!!24395:/24!!15.33.3131
NOTICE OF COMPLIANCE
CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL
Contractor
Mente Inc
Name:
Project
N-2021-217
Number:
Project
Consultant Agreement City Of Santa Ana
Name:
The Certificate of Insurance (COI) submitted indicates that the coverages are in
compliance with the insurance requirements. No further action is required at this time.
The compliant coverage(s) are:
POLICY EXPIRATION
TYPE OF INSURANCE COI DATE FILE NAME
NUMBER DATE
AUTO Waiver
AUTOMOBILE LIABILITY WAIVER 05/31/2023 10/25/2022 Exp 5-31-
23.pdf
Business COI -
GENERAL LIABILITY 92EKV8254 05/16/2023 10/24/2022 MENTE INC
oct22.pdf
WC Waiver
WORKERS COMPENSATION AND
WAIVER 05/31/2023 10/25/2022 Exp 5-31-
EMPLOYERS' LIABILITY
23.pdf
Thank you,
City of Santa Ana
Risk Management Division
in partnership with
CTrax Plus Services Team
11/28/2022 3:03 PM