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VICENTE MARTINEZ DBA PREMIER PEST SERVICES WEST
-,MNCE ON FILE `)RK MAPPROCEf4 C®� TII.INSURANCEEXPIRES N-2021-237 1 2 J K OF COUNCIL rF v,PwF- 1 s)` 5� fi*�' AGREEMENT TO PROVIDE PEST CONTROL SERVICES THIS AGREEMENT is made and entered into this 1 st day of November, 2021 by and between Vicente Martinez doing business as Premier Pest Services West (`Contractor"), and the City of Santa Ana, a charter 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 Contractor having special skill and knowledge in the field of pest control for the Public Works Agency. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting 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 Contractor shall perform 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 Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A. The total sum to be expended under the term of this Agreement, including any extension period, shall not exceed $50,000. 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 and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on October 31, 2023, unless terminated earlier in accordance with Section 17, below. Page I of 9 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws, Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire tern of this Agreement, be construed to be an independent contractor 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 Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor 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. 6. RESERVED 7. MINIMUM SCOPE AND LIMIT OF INSURANCE A. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder, and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. B. Coverage shall be at least as broad as: 1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering COL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, eitherthe general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property Page 2 of 9 damage. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4) Professional Liability (Errors and Omissions): Insurance appropriates to the Contractor's profession, with limit no less than $1.,000,000 per occurrence or claim, $2,000,000 aggregate. C. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum, limits of insurance and coverage shall be available to the City, A. Other Insurance Provisions- The insurance policies are to contain, or be endorsed to contain, the following provisions: 1) Additional Lrsured Status- the City, 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. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2) Primary Coverage- for any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it, 3) Notice of Cancellation- each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4) Waiver of Subrogation- Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 5) Self -Insured Retentions- self -insured retentions must be declared to and approved by the City. The City may require the Contractor to purchase coverage with a lower Page 3 of 9 retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. F. Acceptability of Insurers- insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. F. Claims Made Policies (applicable only to professional liability)- if any of the required policies provide claims -made coverage: 1) The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non -renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. G. Verification of Coverage- Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. H. Special Risks or Circumstances- City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. I. The City's Executive Director of Human Resources and Risk Manager bave the discretion and authority to reduce or modify insurance coverage when he/she/they deem it appropriate. 8. INDEMNIFICATION Contractor 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 property damage, which may arise from the negligent operations Page 4 of 9 of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section i 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 Contractor 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. RESERVED 10. RECORDS Contractor shall keep records turd invoices in connection with the work to be performed under this Agreement. Contractor 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor 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. Contractor 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 Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor 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 information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightfid possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. Page 5 of 9 12. CONFLICT OP INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. 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: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Premier Pest Services West PO Box 1867 Anaheim, CA 92815 Attn: Vicente Martinez, Owner 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 timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, 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 Page 6 of 9 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 Contractor 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 are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor 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. 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 urrless the writing so specifies. 17, TERMINATION This Agreement maybe temainated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subj ect to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor 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. 18. NON-DISCRIMINATION Contractor 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, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and Page 7 of 9 local laws and regulations. 19. 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. 20. PROFESSIONAL LICENSES Contractor 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. Contractor 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. 21. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: [Signatures continue on the next page] CITY OF SANTA ANA Kristinei City Manager Page 8 of 9 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Lwo- A. R Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency CONTRACTOR I/ . � A:_ Name:V, rE �✓i4rs+itiEL Title: Page 9 of 9 Exhibit A PI�EMI�(�2. ��esr srawces wFsr October 7, 2021 PEST CONTROL R MAINTENANCE PROPOSAL City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 To whom it may concern; Premier Pest Services West truly appreciates the opportunity to provide you with safe and effective pest control services. QUARTERLY PEST CONTROL SERVICE Premier Pest Services West will provide quarterly pest control service that will consist of removing cobwebs, wasp nests within reach, and completing a detailed pest control treatment for all general pest concems. These services include treatment of ants, roaches, spiders, crickets, earwigs, centipedes, fleas, wasp, and hornets, Rodent control or treatment of bees are not included, but can be completed at an additional cost. Areas to be treated will include pump station facilities, well station facilities, interior of vaults, landscaping of all sites and other specified areas. All products used are expected to dry in about one hour and have minimal scent, After each service, we will provide you with a detailed service report that explains what was completed, activity found and any recommendations, if needed. If any concerns arise between services, Premier Pest Services West will come back and inspect all troubled areas at no additional cost. `'A4-3532Q82 ®V't FOPWWMCAcw ®PRBWXPR"Sw Hswssr,con OPaeaz IOWA�CAe2315 MtER 6PEST SC-RVICCS WCSI SERVICE LOCATIONS Elevated Tank, Cambridge Station, East Station, J. Garthe Station, South Station, West Station, Well 16,18, 20, 21, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41. PRV-1, PRV-2, PRV-3, PRV-4, Maxine, Segerstrom, SA-1, SA-2, SA-3, SA-4, SA-5, SA-6, SA-7, Crooke Station. QUARTERLY SERVICE COST The quarterly charge forthe service locations referenced above will be $5,950 with an annual service charge of $23,800. ADDITIONALSERVICES If needed, initial rodent bait station placement will be $30.00 ter box and $5.00 for the recurring maintenance per station. Any beehive removal will be an additional cost of $175 per occurrence. Please do not hesitate to call me if a problem or concern should arise. I hope to have the pleasure of doing business with you for many years to come. Thank you for giving Premier Pest Services West the opportunity to serve you. Best Regards, Vicente Martinez Enclosures: Vendor Information Form Certificate of Liability Insurance Additional Insured Endorsement W-9 Form Electronic Payment Enrollment Farm Pest Control Estimate 714-353-20e2 2 VKa�' pWWE c&C 0 Pr ®rSemasWaa.cm 9 PaB KUWAfW014C .82015 NOTE: The City of Santa Is requesting intensive pest control on a consistent quarterly basis. At a minimum, pest control shall be utilized not only on the exterior landscaping of the sites, but also on the interior of vaults, pump station facilities, well station facilities, and other specified areas. H&M Bid ROM-fby I dressAM r�lygiyn[Iy,.Elg Annual Foo 1, Elevated Tank 114ttVPoinse8la, Santa Ana, CA 92701 $ ,1wn _ $ y ►0 2. Cambridge Station 12738 N Cambridge St Santa Ana, CA 90701 $ ,moo 3. East Station 1730 S. Santa Fe, Santa Ana, CA 92706 $_,. a os! 4. J. Garthe Station 2401 N Bristol St, Santa Ana, CA 92700 $ `LQ $ t 6On 5. South Station 1727 W Alton Ave, Santa Ana, CA 92705 6. West Station 4426 W 1st St, Santa Ana, CA 02703 $ It= 8�,1 inn 7. Walnut Station 723 W Walnut St, Santa Ana, CA 92701 8. Well 16 1011 W. Gib St, Santa Ana CA02701 9. Well 18 2401 N Bristol St, Santa Ana GA 92706 $ $�-f nn 10. lWell 20 201 S Mountain View, Santa Ana CA 92704 it. Wall 21 2093/4 S Mountain View, Santa Ana GA 12. We1124 7800W22hd St. Santa Ana GA 92708 13. Well 26 1730 S Santa Fe, Santa Ana CA 92705 $-/ILQ_-_ $ 4Q-C 14. Well27 730 E Memory Ltt, Santa Ana CA 92T06 $ C $ eoo _ is. Well 28 730 E Memory Ln, Santa Ana CA 92706 $ ie, Well 29 S/E i st S1 & Flower St, Santa Ana CA 92701 17 Well 30 4240 Simsburry Gommon, Santa Ana CA 92704 18. Well 31 1815 E Chestnut St, Santa Ann CA 92701 $__ Ion 19. well 32 2801 N Westwood, Santa Ana CA 92700 $__-_/aa.,-- 20. Well 33 921 W Walnut St, Santa Ana CA 92703 $ 2c17 $ Aon 21. Well 34 1727 W Anon Ave, Santa Ana CA 92705 $_„1p,Q $ voa 22, Weil 35 1718 N Sydeny St, Santa Ann CA92706 $, +tin,,— $ `tya 23. Weli 36 2415 N Bristol Sl, Santa Ana CA 02700 $ 700 $ uOU 24, Well 37 W. McFadden Ave, Santa Ana CA 9270 92704 25, Well 38 2736 N Cambridge 81, Santa Ana CA 92701 $ Joe $ Y,qo 26, Well 39 2315 N. Bristol Sl, Santa Ana CA 02706 $ + o+o $ y o0 27. Well40 1753 E Fruit St, Santa Ana CA 02701 S-,�/„g--.,,,,., $--,Lj22_,__ T87 Well41 1at1 W. sib St, Santa Ana CA 92703 $ + _ $ woo 29 PRWt 501 314 West MemoryLana, Santa Ana CA $, !Oo $ 1100 11 30. PRV-2 1345 314 N Grand, Santa Ana CA item Hlif.l ft-- Address QgLrkdy_F_" Atinual Eno M 31. PRV-3 399 3/4 E Unit Wat, Santa Ana CA $ ton 32. PRV,4 1668 E 4th St, Santa And CA 33, Maxine NE MGFadderJMaxlne, Santa Ana, CA 02701 $ ` $ NOo 34. Segersbom 2903 S Bristol St, Santa Ana CA 92704 35. SA-1 2315 N Bristol S, Santa Ana, CA 92706 $ = $ %m _ 38, SA-2 Bdstol St & First St, Santa Ana CA $ ,CW $ `LQ(2- 37, SA-3 1300 W McFadden, Santa Ana, CA 92704 $ I ofL $ `+.100 38, SA-7 1209 N Tustin Ave, Santa Ana, CA 92707 $ � 39. SAS JBHatol St & Alton Ave, Santa Ana CA 40. SA-6 12301 N Tusk Ave, Santa Ana, CA 92705 S iao S Hon 41. SAA Q15 Ritchey SL, Santa Ana CA 02705 42. Graoke Station 702 E Memory Ln, Santa Ana, CA92706 S 200 S Roo Tori Pierson5.t.,2'.2;.,1"0�;09-WO ACORD® CERTIFICATE OF LIABILITY INSURANCE L� DATE(MMMOMW) 1 11/10/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Palm Valley Insurance CONTACT NAME: Aide Nunez 45541 Oasis St Indio, CA 92201 PRGNE (750)775.7256 ac No ; (760)776-7222 E-MAIL ADDRESS: aide@palmvalleyinsumnce.com INSURERS AFFORDING COVERAGE NAIC9 License #: OF95113 INSURER A: Mesa Underwriters Specialty Ins Co INSURED Vicente Martinez INSURER B : INSURER C: DBA: Premier Pest Services West INSURERD: 713 N Hawthorn St INSURER E: Anaheim, CA 92806 INSURER F : COVERAGES CERTIFICATE NUMBER: 00064361-58742 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY P4THIS INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICCERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEREXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICYNUMSER POLICY SEE MMIDO POLICYEXPLTR MMIDD/YYYY LIMITSA X COMMERCIAL GENERAL LIABILITY Y Y MP0004010006031 08/0712021 08/0512022SCOMBINEDSINULL URRENCE $ O RENTED CLAIMS -MADE OCCUR Exoccunence $Any one rson) $&ADV INJURY $ GEN'LAGGREGATE )( UMITAPPLIES PER: POLICY PRO- JECT LOD GGREGATE $ 2000000 -COMP/OP ADS $ 2 00O 000 $ OTHER: AUTOMOBILE LIABILITY SINGLE LIMIT Ea acadent $ BODILY INJURY (Perpemon) $ ANY AUTO OWNED SCHEOULEO AUTOS ONLY AUTOS BODILY INJURY PeraccitleM ( ) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE er accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEO RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOWPARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N/A PER OTH- STANTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - LA EMPLOYE $ (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana, its officers, agents,employees, and volunteers are named as additional insured on this policy pursuant to written contract, agreement, or memorandum of Understanding. Such insurance as is afforded by this policy shall be primary, and any insurance carried by City shall be excess and noncontributory. Insurance is Primary and Non -Contributory. Waiver of Subrogation applies to general liability continued on ACORD 101 Additional Remarks Schedule City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTI(•O ens ACCORDANCE WITH THE POLICY PROVI RbkMeragelndDNlien •�• REVE10®6 MPItOAD BY: 7d12 piOFfOrr AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CC1RYUtt I IUW. Ali ngnu; reservea. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by ANN on 11/10/2021 at 08:49AM AGENCY CUSTOMER ID: 00064361 LOC #: o�® ADDITIONAL REMARKS SCHEDULE Page 2 of AGENCY NAMED INSURED Palm Valley Insurance Vicente Martinez DBA: Premier Pest Services West POUCYNUMBER MP0004010006031 CARRIER NAIC CODE Mesa Underwriters Specialty Ins Co EFFECWE DAM: 0810712021 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (continued from Description of Operations) 30 Days Notice of Cancellation with 10 days Notice of Non-payment of premium In accordance with the policy provisions. Ie[KG7 7sI11r71ff10*117T11111 RukAlv�rgenadOsfillan ':; RenE1[m6l1PPItJVIDBM. tli� Ir %se PwrJae n 2n ArAr()Rn (:r euk Marugemmtaa�oi/Ytle The ACORD name and logo are registered marks of ACORD V _a Printed by ANN on November 10, 2021 at 08:49AM MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY Endorsement # 1 Named Insured: Vicente Martinez Policy Number: MP0004010006031 Effective Date: 10/26/2021 (The above information is required only when this form is added after the policy is issued) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of the additional premium (Fully Earned) of $150.00, it is hereby understood and agreed that the following Additional Insured is added to and made a part of this policy per the attached forms. Surplus Lines Tax: $4.50 Stamping Fee: $0.38 TOTAL: $154.88 tb All other terms and conditions of this policy remain unchanged. MH tb MUS 01 01 10006 0412 Authorized Signature Insured Copy RYkMoVYwrdUhmo. - Re�cnrenw®Dr. Tex ;ranee. m.am.nae��ommiax MESA UNDERWRITERS SPECIALTY INSURANCE COMPANY Policy Number:MP0004010006031 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION OR NON -RENEWAL - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: THIS ENDORSEMENT APPLIES TO ALL COVERAGE PARTS SCHEDULE Person(s) or Organization(s) including Mailing Address: City of Santa Ana, officers, agents, employees, and volunteers Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 The Person(s) or Organization(s) listed or described in the SCHEDULE above have requested that they receive written notice of cancellation or non -renewal when this policy is cancelled or non -renewed by us for any reason other than non-payment. We will endeavor to mail or deliver 3 0 days written notice to the Person(s) or Organization(s) listed or described in the SCHEDULE. The notification of cancellation or non -renewal of the policy is solely for the purpose of informing the Person(s) or Organization(s) shown in the SCHEDULE the effective date of cancellation or non -renewal and does not grant, alter, or extend any rights or obligations under this policy. Our failure to provide such notification to the Person(s) or Organization(s) shown in the SCHEDULE will not extend any policy cancellation or non -renewal date nor impact or negate any cancellation or non -renewal of the policy. This endorsement does not entitle the Person(s) or Organization(s) listed or described in the SCHEDULE above to any benefit, rights or protection under this policy. Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to that statute or rule. All other terms and conditions of this policy remain unchanged. MUS 01 01 10045 0120 Includes copyrighted material of Insurance Services Office, Inc., with its permis: �,« WiMe�rgekntUMnm '" IwiEwID6 MPRa'®BY: " Insured Copy xukm,,,,vy«„amviaae �: COMMERCIAL GENERAL LIABILITY CG 20 0104 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 (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 0413 © Insurance Services Office, Inc., 2012 Insured Copy Pale M.nge Dw !RN[wm6 MvaomBr. fit, %u P&c -m mww xaxnu„rne,,.,,rnR��iaa� POLICY NUMBER: MP0004010006031 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 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 Or anization s : Location(s) Of Covered Operations City of Santa Ana, officers, agents, employees and various Locations volunteers Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 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", "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 for the additional insured(s) at the location(s) designated above. 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 agreement to provide for such additional insured. CG 20 10 0413 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. 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 2. 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. © Insurance Services Office, Inc., 2012 Insured Copy _ Ride M.%"wtmi A REN & A Mw Br 2u1,lMnageme,[UmralNtle j 00 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 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. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Risk M�vgi a.: REiaexEe6 APPgpJm E[ 1/^`■■',.\1 Wl a li / %as[ /7�txdan Ruk M1Une9amrt d.�,ul Nele POLICY NUMBER:MP0004010006031 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Santa Ana, officers, agents, employees and volunteers Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Sec- tion IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -com- pleted operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Insured Copy Rok Mn gm,mt Uiwi IR�vxwm 6 MBy: It - %au Plcwt ,aa., ACORbP `� CERTIFICATE OF LIABILITY INSURANCE DATE (MIACD YYYY) 10/12/2021 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: It the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Auto Insurance Specialists 17785 Center Court Drive CONTACT NAME: PHaNE Eau,866-570-7335 1 kt Nq:800-498-3293 Ed1AIL AO R S commercial@aisinsurance.com Suite 500 Cerritos CA 90703 INSURERS AFFORDING COVERAGE NAIC ii INSURERA: California Automobile Insurance Company 38342 INSURED Vicente Martinez INSURER B: INSURER C: DBA: Premier Pest Services West 713 N. Hawthorn St Anaheim CA 92806 INSURER D: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ft TYPEOFINSURANCE POLICY NUMBER MMNDY FF POUCY MMM UP LIMITS COMMERCIAL GENERAL LIABILITY CLAIMSMADE OCCUR EACH OCCURRENCE IA PREMISES Ea gcaarerice S MED EXP one S PERSONAL g ADV INJURY S GENL AGGREGATE LIMIT APPLIES PER POUCY� jE7 LOC OTHERiuu GENERAL AGGREGATE S PROWCTS-COMP/OPAGG S S A AUTOMOBILELiABUJTY ANY AUTO AUTOS ONLY 'OWNED� AUrOr� HIRED NON -OWNED AUTOS ONLY '� AUTOS ONLY BA040000054760 09/1112021 09f11f2022 Eaaccident) $1,000,000 BODILY INJURY(Pw person) S BODILY INJURY (Per acdden) S Per acrid S 5 UMBRELLA LIAR EXCESS LIAB CLAIMS -MADE EACHOCCURRENCE S HOCCUR AGGREGATE 5 DEB RETENTIONS 5 WORKERS COMPENSATION ANDEMPLOYERTUASILRY YIN ANYPROPRIETORIPARTNEFUE1(ECUTIVE OFRCEFUMEMBER EXCLUDED? (SNndemy In NH] N as desaBre colder DESCRIPTION OF OPERATIONS below NIA - STATUTE ESI EL EACH ACCIDENT S EL DISEASE - EA EMPLOYE S EL DISEASE - POLICY LIMIT S 0-7 DOI -7 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101, Additional Remarta ScAedule, may W attached It more apace is required) Re: Elevated Tank, Cambridge Station, East Station, J Garthe Station, South Station, West Station, Well 16, 18, 20, 21, 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, PRV-1, PRV-2, PRV-3, PRV-4, Maxine, Segerstrom, $A-1, SA-2, SA-3, SA-4, SAS, SA-, SA-7, Carole Station. 30 Days notice of cancellation with 10 days notice of non-payment y of Santa Ana ;k Management Division Civic Center Plaza its Ana, CA 92702 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOR17ED REPRESEWATIVE f 7 RukhtsmgmesdDiddm 8 ©1988.2015 ACORD COR. %au ilimearz The ACORD name and logo are registered marks of ACORD rem,manasem,.Omralwae CITY OF SA NTA ANA R15K MANAGEMENT%HUMAN RESOURCES WORKERS' COMPENSATION DECLARATION AAA2r/116L /L/WNe2 hereby affirm under penalty of perjury, the (Namelritle) following declaration: I certify on behalf of PagmlER / CSY DERV/[Ef Misr that during the term (Consultont/Company Name) of my contract for Pe,-r 4fa.raoV 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: ro- 2i-2� Print Name: Vice/+rE ME+ar..�Ez Print Title: C)W"E2 Signature: Telephone: 7/Y -7y3- 7F30 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. I: JRisk NVmtJ1nsuronce Requirements�WC Declaration 08152019 ,, �wogek�onwk `4 �ID6 MmOv®Bv: Tau �rcreeK RisklMrugmmt amvlAitle .. 0 PREMIER PEST SERVICES WEST 11/09/2021 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Re: Professional Liability Insurance Requirement Dear City of Santa Ana Risk Management Division: I, Vicente Martinez, Premier Pest Services West has intent to enter into an agreement with the city of Santa Ana. Throughout the course of this agreement, Premier Pest Services West attests that I am not a licensed professional (other than Premier Pest Services West contractors license) and will not employ a licensed professional during the course of my contract with the City of Santa Ana. By signing below, I 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 Premier Pest Services West is not adhering to any/ all statements in this document, the contract will be considered null and void and the company will be held fully liable for any and all damages. 21'Ua/1//-4"- Vicente Martinez Owner & Operator Premier Pest Services West 714-743-7830 Vicente @ Pestwestca.com a.tweg,i�eur� IWl l(H 7e:C fair •er RIW R1a�agrnanllviul Nele NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Vincente Martinez Name: Project N-2021-237 Number: Project Agreement To Provide Pest Control Services 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 FILE TYPE OF INSURANCE COI DATE NUMBER DATE NAME 2022-11-02 AUTOMOBILE LIABILITY WAIVER 11/02/2023 11/14/2022 04-28.pdf COI- City of GENERAL LIABILITY SGPKG0075500 08/05/2023 08/27/2022 Santa Ana.pdf 2022-11-02 PROFESSIONAL LIABILITY WAIVER 11/02/2023 11/14/2022 04-28.pdf WORKERS COMPENSATION AND 2022-11-02 WAIVER 10/30/2023 11/14/2022 EMPLOYERS' LIABILITY 04-28.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 11/15/2022 1:00 PM NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Vincente Martinez Name: Project N-2021-237 Number: Project Agreement To Provide Pest Control Services 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 2022-11-02 AUTOMOBILE LIABILITY WAIVER 11/02/2023 11/14/2022 04-28.pdf COI for City of GENERAL LIABILITY IICGL0893500 08/09/2024 08/16/2023 Santa Ana (GL).pdf 2022-11-02 PROFESSIONAL LIABILITY WAIVER 11/02/2023 11/14/2022 04-28.pdf WORKERS COMPENSATION AND 2022-11-02 WAIVER 10/30/2023 11/14/2022 EMPLOYERS' LIABILITY 04-28.pdf Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 8/21/2023 1:14 PM