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HomeMy WebLinkAboutARGO ENTERPRISES INC. dba UNISHIELDINSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES I o-l(,.72 N-2022-188 CLERK OF COUNCIL DATE: AGREEMENT WITH ARGO ENTERPRISES, INC., DBA UNISHIELD, TO PROVIDE FIRST AID SUPPLIES AND SAFETY SERVICES 'z�(�µ�2 THIS AG EM NT is made and entered into this 28th day of March, 2022 by and between Argo cli Enterprises, Inc., a California corporation dba UniShield ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and n laws of the State of California (`City"). C0 RECITALS A. The City desires to retain a contractor having special skill and knowledge in the field of on -site specialized safety training services for Water Resources Division. In addition, contractor may provide risk control evaluations, risk control action plan, safety program development, job task analysis, and compliance reviews & reports services as needed. 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 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 Contractor 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 & Fees - 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 for City, the rates and charges identified in Scope of Services & Fees - Exhibit A. The total amount to be expended under this Agreement shall not exceed Twenty Five Thousand Dollars and Zero Cents ($25,000) during the term of this Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date stated above and terminate on March 27, 2023, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for one (1) one-year period upon a writing executed by the City Manager and City Attorney. 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 term 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. 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 Contractor under this Agreement ("Documents & Data"). Contractor 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. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor 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. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL 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, either the 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: Contractor shall maintain automobile liability insurance with a limit no less than $1,000,000 per accident for bodily injury and property 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. Broader Coverage: 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. b. Other Insurance Provisions Additional Insured Status: the City, its officers, officials, employees, and volunteers are to be covered as additional insureds 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. 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 01 04 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. 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 that 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 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. 6. 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. 7. 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 requiredby 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. 8. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. The City reserves the right to modify or waive. 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 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 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and 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 infornation 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 rightful 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. 12. CONFLICT OF INTEREST CLAUSE Contractor 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. 13. 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, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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 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 is 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 that are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. TERMINATION This Agreement may be terminated 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, subject 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(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 Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. 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. 19. 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. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the teens 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. 21. 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 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba, P.E Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647-5635 To Contractor: Argo Enterprises, Inc., dba UniShield Attn: Mark McDevitt & Noemi Duran 599 4"' St. San Fernando, CA 91340 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: ✓V Ios° Daisy Gome Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Bv: ;&��- B o&o n Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL: � abil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Kristine Ridge City Manager ARGO ENTERPRISES, INC., DBA UNISHIEALD: HI /v[ k - Mark McDevitt President EXHIBIT A SCOPE OF SERVICES & FEES UniShield FIRST AID & SAFETY Scope of service/service intent for The City of Santa Ana Our UniShield first aid & safety representatives have a duty to customer service centered around your satisfaction in our products and services. Along with quality first aid products, we also provide Industrial safety products (PPE), Earthquake/Disaster supplies and OSHA compliant training. • First Aid Supplies and Service Our first aid representatives will service all First aid cabinets at your location(s) and will re -fill and replenish any first aid supply that is missing, used or expired. They will clean, restock and reorganize each of the first aid cabinets at your location(s). This means you don't do anything. We'll do all the work for you. Unishield will keep you Complaint with the current OSHA/ANSI Standards and will not over stock or stock products you do not want or do not need. We here to help you create a safer work environment for you and your staff. • Safety Training and other services available As well as a full line of first aid and safety supplies, we offer OSHA compliance training (CPR, AED & first aid, Fire extinguisher safety, Sexual harassment prevention, Active shooter response, Disaster preparedness, Workplace safety, Forklift certification and many others). Additionally, we provide Earthquake and Disaster preparedness supplies, PPE Industrial safety products, AED and Eyewash maintenance service and can even help you create a written IIPP safety plan. • Terms of service As an authorized first aid and safety vendor for The City Of Santa Ana, Our representatives and instructors will take care of all of your first aid and safety need with fast, friendly and reliable service. We have no service fees or contracts and offer on -site service and training to keep you ready to respond to all of your first aid and safety needs. • Terms of payment At the time of service, UniShield will submit an invoice, including a PO number if provided, and can accept Net 30 terms. If other arrangements need to be made that are more convenient for your AP staff, just ask. We're easy. UniShield First Aid . (800) 480-5855 . 599 4`h St. San Fernando, CA. 91340 . UniShieldUSA.com UniShield FIRST AID & SAFETY Scope of service for safety planning and training for The City of Santa Ana Hourly On -Site - $75.00 per hour Hourly services would consist of on -site visits to gather, review, or develop information on company safety procedures, protocols, standard operating procedures (SOP), etc. for the development of the company's Injury and Illness Prevention Program or other written program(s). • Photos • Inspection/observation • Consultation with personnel • Document review (Safety Records, SOP's, Written Safety Programs, etc.) Safety Meeting - $495.00 per meeting (up to 50 employees per class) Consultant will conduct a safety committee meeting for the purpose of educating employees on safety related topics, safety policies, regulatory compliance, etc. • English or Spanish (no bilingual classes) • Sign in sheets • Handouts • Visual/Audio • Lecture • Hands-on activities • Quiz Specialized Training -(Forklift, Respirator fit testing etc) • $95.00 per trainee (minimum 5 per class) • Certificates are issued upon successful completion of class. • $895.00 CPR, AED & First Aid Certification (Up to 12 People per class) UniShield First Aid • (800) 480-5855 • 599 4`h St. San Fernando, CA. 91340 . UniShieldUSA.com UniShield FIRST AID & SAFETY Administrative - $35.00 per hour Administrative will involve any phone support, document preparation, research, or other duties where the consultant will execute off -site. • Document preparation o Editing o Written Program Development o Program review o Copies o Courier/mail/fax (all shipping fees will apply) • Research o Specific client safety needs o Contacting experts o Written Program Development • Phone Support (billed in 10 minute increments) o Goal setting o Follow-up o Program development discussions o Gather information UniShield First Aid . (800) 480-5855 . 599 4th St. San Fernando, CA. 91340 9 UniShieldUSA.com ) on 1 (e rs o n Date: 2022.062210:39:52 w'00' ACk0 D CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDNYYY) 06/13/2022 ' 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 endorsements . PRODUCER CAE CT Julia Traughber, CISR, CLCS Pacific Agents Alliance Insurance Agency; Julie Traughber Insurance Agenc 524 S Rosemead Blvd PaDNE (818) 203-2209 1 uc xo: (826) 799-7051 ADDRESS: julie(@julietraughberins.com ADDRESS, 9 INSURERS AFFORDING COVERAGE NAIC / Pasadena CA 91107 NSURERA: CONTINENTAL CASUALTY COMPANY 20443. INSURED INSURER B: ALLSTATE INSURANCE COMPANY 19232 Argo Enterprises, Inc. dba: UniShield INSURER¢; 599 4th St INSURER D : INSURER E : San Fernando CA 91340 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. ILSR TYPE OF INSURANCE ADDL BUSH im POLICY NUMBER k1 POLICY EFF FOLICDJYYYYl EXPlam YYYI LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR EACH OCCURRENCE $ 1,000,000 T DAMAGE ORENPREMISES Eaoccmenos $ 300,000 MED EXP(Any one person) $ 10,000 PERSONALBADVINJURY $ 1,000,000 A X X B6024769005 03/24/2022 03/24/2023 GENL X AGGREGATE LIMIT APPLIES PER: POLICY ❑ JET � LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGO $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT a at cciden $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO B OWNED CHEDULED AUTOS ONLY /� AUTOS HIRED V No. ED AUTOSONLY nAUTOSONLV X 648911913 10/16I2021 10/16/2Q22 X BOOILV INJURY er acdtlant (P ) $ PROPERTY DAMAGE Per accident $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000.000 A EXCESS LEASCLAIM&MADE B6024759019 03/24/2022 03/24/2023 LIED X RETENTIONS 10,000 $ WORKERS COMPENSATION ". MPLoVERS•rJ 1a TfN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? El N/A PER OTfi- BT $ E.L. EACH ACCIDENT E.L. DISEASE- EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS boles, EL DISEASE -POLICY LIMIT $ Employee Dishonesty, $1,000 deductible $25,000 A Forgery and Alteration B6024759005 03/24/2022 03/24/2023 $1,000 deductible $25,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached K more space Is required) It is agreed that the City of Santa Ana, its officers, officials, employees and volunteers are named 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 fumished in connection with such work or operations. General Liability Form CG 2026 (04/13) is attached. This insurance is also Primary and Non -Contributory with respect to insurance or self- insurance programs maintained by the City per Form No. CG2001 (01104) attached. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with 0 per CG204 (10/93) attached. It is also agreed that 30 Days' Notice of Cancellation with 10 Days' Notice for Non -Payment of Premium in accordance with the policy provisions. All coverages are subject to City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana © 1988.2015 ACORD CC ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: _ LOC #: ADDITIONAL REMARKS SCHEDULE Page _ Of AGENCY Pacific Agents Alliance Insurance Agency; Julie Traughber Insurance Agenr NAMED INSURED Argo Enterprises, Inc. dba: UniShield POUCYNUMBER CARRIER NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insuranl provisions. All coverages are subject to the terms and conditions of each policy. email:dmazadego@santa-ana.org b RIAMa g.Knt ANPm Rrut &A�Or. Risk Mare9encrtOmalFtle The ACORD name and logo are registered marks of ACORD POLICY NUMBER: B6024759005 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana etal Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. 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. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 0413 © Insurance Services Office, Inc., 2012 R+ l Mmgmmt DM ia[ fh+neWm6Arntw®Br . Rul[Manige„m[Umc,IFtle Page 1 of 1 Policy No. B6024759005 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing agreement that this insu primary and would not from any other insurance additional insured. in a contract or ance would be ;ek contribution available to the w.knrR.ge�aeonm� RenEWmbAPRiw®Br: Rukh4iruRertnrt Umralltitle CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: B6024759005 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: City of Santa Ana etal (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMER- CIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: 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 -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. 11 F Renenm6/VVRav®Br..- Risk Managemmr<Imul Aide CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 rage i or -1 u ACORO® CERTIFICATE OF LIABILITY INSURANCE `.� DATE (MM/DDIYYYY) 10/05/2021 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 CONTACT NAME: Automatic Data Processing Insurance Agency, Inc. Automatic Data Processing Insurance Agency, Inc. IPA No Eat : 1-800-524-7024 ue, No); E-MAIL ADDRESS: 1 Adp Boulevard INSURER(S) AFFORDING COVERAGE NAIC if Roseland NJ 07068 INSURERA: Employers Assurance Company 25402 INSURED Argo Enterprises Inc INSURERS: INSURER C : DBA: DBA Respond Systems INSURER D 599 4th Street INSURER E : San Femando CA 91340 1 INSURER F: COVERAGES CERTIFICATE NUMBER: 2138468 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 LTR rypE OF INSURANCE ADDLSUBR POLICY NUMBER POLICY SEE MMIDDIYYYY POLICY EXP MMIDDIWYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OURRENCE $ r PREMISES Ea occurrence) $ MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY r PRO- JECT LOC OTHER: GENERAL AGGREGATE $ PRODUCTS-COMPIOP qGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY H AUTOS ONLY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ (Per accident) BODILY INJURYPidt ( ) $ PROPERTY DAMAGE Per accident $ UMBRELLA LRB EXCESS LIAR OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNFIVEXECUTIVE OFFICERIMEMBER EXCLUDED? 171 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA INEIG111702613 10/15/2021 10/15/2022 X1 PER T - STAT UTE ER E. L EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,DOD,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF SANTA ANA, Attn: RISK MANAGEMENT DIVISION, 45TH FL. 20 CIVIC CENTER PLAZA Santa Ana CA 92702 Lafelcrn�twp\$ LPL' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE REVIeliIDRyL Mar:agow�t 6 AwRo✓m COMM V 78tit1-ZI AL;UKU LA - ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 14 Mazariego, Diana From:City of Santa Ana <certificate-request@ctrax.jdidata.com> Sent:Friday, April 7, 2023 9:10 AM To:sam@socalfirstaid.com; Mazariego, Diana; julie@julietraughberins.com; kreyes@santa-ana.com Subject:Internal Notice of Compliance NOTICEOFCOMPLIANCE CITYSTAFF:PRINTTHISPAGEANDINCLUDEWITHAGREEMENTTOTHECLERKOFTHECOUNCIL Contractor Argo Enterprises, Inc. Name: Project N-2022-188 Number: Project Extension of Agreement (#N-2022-188) to Provide First Aid Supplies And Name:Safety Services for Water Resources Division 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: POLICYEXPIRATION TYPEOFINSURANCECOIDATEFILENAME NUMBERDATE UniShieldCertCityofSantaAna AUTOMOBILELIABILITY64891191310/16/202303/19/2023 2023.pdf UniShieldCertCityofSantaAna GENERALLIABILITYB602475900503/24/202403/19/2023 2023.pdf WORKERSCOMPENSATIONAND EIG11170261410/15/202312/13/2022Certificate_EIG111702614_2759752.pdf EMPLOYERS'LIABILITY Thank you, City of Santa Ana Risk Management Division źƓƦğƩƷƓĻƩƭŷźƦǞźƷŷ CTrax Plus Services Team 4/7/2023 12:10 PM 1