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HomeMy WebLinkAboutCALIFORNIA WATERS, LLC 3-2012Agreement No. o -- C?O/J/ ? -Ar'W owt Cc?a--'" INSURANCE ON FILE ??o?; q F?v???yl/L?O? WORK MAY PROCEED UNTIL INSURANCE EXPIRES -?/- 9-/3 CLERK OF COUNC?L3 ZQ12 DATE: MAY ON-THE-JOB TRAINING AGREEMENT UNDER THE WORKFORCE INVESTMENT ACT N-2012-054 12/09 THIS AGREEMENT is made and entered into this 12th day of March, 2012 between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California (hereinafter "CITY") and California Waters, LLC (hereinafter "EMPLOYER"). W I T N E S S E T H Recitals: A. CITY has been designated a Local Workforce Investment Area ("LWIA") pursuant to Section 116 of the Workforce Investment Act ("WIA"), P.L. 105-220, 29 USC Section 2801, to receive federal funds to promote effective delivery of job training services to local area residents. B. The State of California has created the California Workforce Investment Board pursuant to Section 111 of the Workforce Investment Act, P.L. 105-220, 29 USC 2821 to administer the WIA programs operated by the State of California. C. Asa LWIA, CITY is entitled to receive federal funds to establish programs to prepare eligible unskilled youth, adults and dislocated workers for entry into the labor market, and to provide job training to those individuals who face serious barriers in obtaining productive employment ("said Program"). D. EMPLOYER is able and willing to train eligible unskilled applicants for entry into the labor market and is willing to operate said program pursuant to the WIA and applicable federal, state and local laws. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1 . Term. The effective term of this Agreement is for the period beginning March 19th, 2012, and ending June 22^d, 2012. The term of this Agreement may be extended upon agreement of all parties and execution of an amendment of the term. 2. Scope of Work. The EMPLOYER shall employ and train one employee (hereinafter "Trainee") in the occupation and in accordance with the OJT Training Outline set forth in Exhibit A, attached hereto and incorporated herein by this reference. Said Trainee shall be referred by the City of Santa Ana W/O/R/K Center. Training must significantly raise the Trainee from his/her prior position in both level of skill and salary by the end of the training period. i 12/09 3. Funding. CITY shall reimburse the EMPLOYER an amount not to exceed 6 500 in accordance with the Cost Computation included in Exhibit A. EMPLOYER shall bill the CITY monthly on an invoice provided by CITY for actual and reasonable cost for providing the services described in this Agreement. Reimbursement of EMPLOYER under this Agreement shall be limited to the costs incurred during the basic work week, excluding overtime and any paid holidays or sick leave. 4. Subcontracting Prohibited. The EMPLOYER shall not subcontract or assign the OJT Training. Any attempt by the EMPLOYER to delegate or assign OJT training duties under this Agreement shall void, and permit CITY to immediately terminate, this Agreement. 5. Employer Obligations. During the training, the EMPLOYER shall ensure that the Trainee: a. is on the EMPLOYER's payroll, not paid as a contracted employee/independent contractor; and, b. receives the same benefits as EMPLOYER's other employees performing similar work; and, c. is paid the salary as indicated in Exhibit A with appropriate payroll taxes withheld and reported; and, d. is provided Worker's Compensation Insurance coverage, pursuant to state law; and, e. is provided by EMPLOYER with safety instructions and equipment necessary for reasonable protection against injury and damage. CONTRACTOR shall maintain appropriate standards for health and safety in work and training situations. Where special clothing or equipment is provided to the EMPLOYER's regular employees, EMPLOYER shall provide the same type of clothing or equipment to the Trainee performing similar work. 6. Employment of Trainee. The EMPLOYER shall employ the Trainee as a regular member of EMPLOYER's work force. If EMPLOYER wants to continue to employ the Trainee upon the successful completion of the training period under this Agreement, said employment shall be subject to the same conditions of employment applied to EMPLOYER'S other regular employees, including termination for unsatisfactory performance. 7. Patent, Coovrights and Rights in Data. The EMPLOYER will disclose to the CITY any invention, written product, computer program developed or data assembled as a result of performance of work under this Agreement within seventy four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by EMPLOYER. Upon written request, EMPLOYER will transfer all pertinent information, specifications and right, title and interest to the designated agency. 2 ?zio9 8. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the CONTRACTOR shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rights in the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971 , and Statement of Government Patent Policy). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright-able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The EMPLOYER and the Workforce Investment Board (WIB) shall have aroyalty- free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub-grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a EMPLOYER purchases ownership with grant support; and (c) EMPLOYER shall comply with the requirements of 29 CFR Part 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 9. Hold Harmless. The EMPLOYER shall indemnify, defend and hold harmless CITY, and its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall indemnify, defend and hold harmless CITY, and its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not limited to, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omissions of EMPLOYER, its employees, agents or subcontractors. 1 O. Insurance. The EMPLOYER shall obtain at its sole cost and file with the City of Santa Ana - Santa Ana W/O/R/K Center, upon execution of this Agreement, and maintain for the period covered by this Agreement, a policy or policies of commercial general liability insurance or a certificate of such insurance, satisfactory to the City Attorney of CITY, naming CITY, and its officers, agents and employees, as insured or additional insured (see attached Additional Insured Endorsement, Exhibit C), which provides coverage not less than that provided in the form of a comprehensive general liability insurance policy against liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of operations of EMPLOYER, and its officers, agents, or employees. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in no less than One Million Dollars ($1,000,000). Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage or of insured or additional insured shall be i zio9 effective until after thirty (30) days notice thereof has been given in writing to CITY. EMPLOYER shall give to CITY prompt and timely notice of claims made or suit instituted against said policy. EMPLOYER shall procure and maintain at its own costs and expense, any additional kinds and amounts of insurance which, in its own judgment, may be necessary for its proper protection. 1 1 . Record Keeoing. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of EMPLOYER'S activities, performance, books, documents, papers, and records of EMPLOYER'S subcontractors, bookkeepers and accountants, and employees and participants related to this Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of EMPLOYER are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. In the event EMPLOYER does not make the above-referenced documents available within the City of Santa Ana, California, EMPLOYER agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. All accounting records and evidence pertaining to all costs of EMPLOYER and all documents related to this Agreement shall be kept available at the location where EMPLOYER conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. 12. Government Funding. This Agreement is valid and enforceable only if sufficient funds are made available to the State by the United States Government for the same Fiscal Year as for this Program. In addition, this Agreement is subject to any additional restrictions, limitations, or conditions enacted by Congress or any statute enacted by Congress which may affect the provision, terms or funding of this Agreement in any manner. 13. Payment Cap. CITY's OJT payments to EMPLOYER shall not exceed a maximum of fifty percent (50%) of the wages paid by EMPLOYER during the training period specified in Exhibit A. 14. Amendment of Agreement. No alteration or variation of the terms of this Agreement shall be valid and/or binding unless made in writing and signed by both parties. There are no oral understandings or agreements between the parties. 15. Breach/Sanctions. If, through any cause, EMPLOYER violates any of the terms and conditions of this Agreement, or if EMPLOYER reports inaccurately or if any Audit Report makes disallowances, EMPLOYER shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of EMPLOYER'S violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support 4 1 2/09 until such time as EMPLOYER fulfills its obligations or remedies all violations of this agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice EMPLOYER has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to EMPLOYER of such termination in accordance the notice provision in Paragraph XVIII herein below. 16. Termination. Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. However, the CITY may immediately terminate this Agreement at such time as funds are not made available to CITY through the United States Department of Labor or the State of California Employment Development Department for the purpose of carrying out this Agreement. 17. Independent Contractor. The EMPLOYER, and any agents and employees of the EMPLOYER, in the performance of this Agreement, shall act in an independent capacity as independent contractors and not as officers, employees, or agents of the CITY. This Agreement is not intended nor shall it be construed to create an employer-employee relationship between EMPLOYER and CITY, nor a joint venture relationship. The EMPLOYER shall not subcontract in the name of the CITY. 18. Equal Employment Opt?ortunities. The EMPLOYER warrants that it will comply with Title VI of the Civil Rights Act of 1964, and the requirements relating to equal employment opportunities set forth in Executive Order No. 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60. EMPLOYER will also comply with all applicable federal and state laws and regulations, and particularly those assurances and certifications set forth in Exhibit B attached hereto and by this reference incorporated herein. 19. Prohibitions. The EMPLOYER shall not use any of the training funds provided under this Agreement for political or sectarian activities. 20. Grievance Procedure. The EMPLOYER shall continue to operate, or shall establish and maintain a grievance or complaint handling procedure relevant to the terms and conditions of employment and the EMPLOYER's activities and programs, which shall meet at a minimum the requirements set forth in Section 101(31) of the Act and 663.700-71 O and regulations promulgated by the State or Federal Government. Employers that do not have a grievance or complaint handling procedure shall use the procedures prescribed by the CITY. 21. Guidelines. The CITY shall make the WIA applicable federal regulations and policy guidelines available to EMPLOYER at CITY - W/O/R/K Center, 1000 E. Santa Ana Blvd., Suite 200, Santa Ana, California 92701. The CITY shall also inform the EMPLOYER of changes in the WIA regulations or policy guidelines if such changes affect the operation of this Agreement. 22. Drug Free Workplace. The EMPLOYER agrees to provide a drug-free work place and to execute a certification as set forth in Exhibit D attached hereto and incorporated herein by this reference. 23. Notices. All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States mail, postage prepaid, addressed as follows: s 12/09 CITY: CITY OF SANTA ANA -SANTA ANA W/O/R/K CENTER 1000 E. SANTA ANA BLVD.. SUITE 200 SANTA ANA, CA 92701 ATTENTION: WORK CENTER DIRECTOR EMPLOYER: CALIFORNIA WATERS. LLC 2909 W. WARNER AVE. SANTA ANA. CA 92704 24. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". See also 29 CRF Parts 97.35 and 98.510. EMPLOYER must review and sign Exhibit E "Debarment", which is attached hereto and incorporated herein by this reference. 24. Merger. This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. 25. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 26. Miscellaneous Provisions. a. Each undersigned represents and warrants that its signature hereinbelow 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. 12/09 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar APPROVED AS TO FORM: Joseph W. Fletcher City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA Paul M. Walters Interim City Manager EMPLOYER: N ffrey Barman T le: President tate Tax ID#/SS#: 302-16329 Nancy T. wards Interim Ex utive Director Community Development Agency Agreement # Exhibit A TRAINING PLAN I. GENERAL 1 . Name of OJT Employer: California Waters. LLC 2. Address of OJT Work-site: 2909 W. Warner Ave, Santa Ana, CA 92704 3. Phone Number: (949) 528-0900 4. Training Supervisor: Mazk Pitman 5. Name of OJT Trainee: Jeff Avrams 6. JTA Case Number of Trainee: 7. Enrollment Component Number of Trainee: 8. Proportion of trainees/employees: (at time Agreement entered into) a. Total number of employer's regulaz employees 1 O b. Number of trainees (this Agreement) 1 c. Cumulative number of trainees currently in OJT 2 II. OCCUPATION AND ON-THE-JOB TRAINING OUTLINE: 1. Vendor #: 2. Occupation/Product or Service: Sr. Maintenance Representative 3. Length of Time in Business: 14 yeazs 4. ONET Code: 17-3024.00 5. Hourly Starting Wage: $25.00 Start Date: 03/14/2012 Hours 520 or 6. State and Federal Tax I.D.: State Federal 7. Basic Work Week Hours: 40 SVP Level (6.0 to < 7.0) End Date: 6/22/2012 Days or Weeks 302-16329 27-1 1 1 55 1 8 1 Outline of On-the-Job Training Plan and Method of Assessment: ELEMENTS OF TRAINING HOURS OF TRAINING 1. Develop and understand the foundation of a fountain/water feature 120 including the balance of chemicals/water chemistry. On-site training, followed up by weekly quizzes. Employee needs to understand the fundamental basis of our business. He must also be able to mentor the Jr. Maintenance technician, oversee his work and assist as necessary. Measurement Method: Q aSc A, task observation and inspection. Goal is to achieve rate of proficiency within first Month and a half of training. 2. Develop a strong skill set to identify particular pump, including voltage and amperage, readings. Be able to remove, rebuild and install new 130 pump for all voltage sizes. Weekly quizzes and on-the job-training. Employee is expected to eventually submit the quizzes to his subordinates. Measurement Method: Q 8c A, tasK observation and inspection. Goal is to achieve rate of proficiency within subsequent three and a half months. 3. Develop a strong sense of being able to repair plumbing issues from small leaks to major installs which include retrofits, new pumps, 150 chlorinating systems, etc. Measurement method includes in the field training with supervision and weekly quizzes on specific items. Measurement Method: Q 8c A task observation and inspection. Goal is to achieve rate of roficienc within subse uent three and a half months. 4. Develop confidence in working with electricity. From small low 120 voltage installations to large pond renovations. Employee to develop a strong sense of electrical knowledge. Measurement method to include weekly quizzes and on-site training by supervisor. Employee is expected to develop skills to the level, that he will be the lead person and will take on responsibilities in said position. Measurement Method: Q 8c A tasK observation and inspection. Goal is to achieve rate of proficiency within subsequent three and a half months. RATING LEVELS: Measurement method: how will it be determined if OJT participant acquired the skill? QBcA, observation, product review/inspection, etc. PROFICIENT MODERATE MARGINAL 2 II. COST COMPUTATION Example: Hourly Reimbursement of 50% at $ 12.50 for a total of 520 Hours, total cost Per Trainee _ $6.500.00 III. Person(s) authorized to sign payment invoices for EMPLOYER: Mark Pitman and Jeffrev Barman Mark Pitman 03/13/2012 Print Name Signature Title Date Jeffrey Barman t/L lf???n7 03/13/2012 Print Name ature Title Date 61 IV ASSURANCES A. The EMPLOYER assures that: 1. It will comply with the requirements of the Workforce Investment Act (WIA), the California Unemployment Insurance Code, as amended, and the regulations and policies promulgated thereunder. 2. No OJT participant displaces a regular employee nor shall an OJT participant fill a position of a person who has been laid off from the same or similar position. 3. No current employees are receiving unemployment insurance benefits as a result of layoffs or work reductions. 4. No person in the United States shall on the grounds of race, color, sex, religion, national origin, age, disability, sexual orientation, or marital status be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives federal financial assistance and will immediately take any measure necessary to effectuate this Agreement. 5. It will comply with provisions of the Hatch Act, if applicable, which limits the political activities of employees. 6. Individuals receiving training on the job shall be compensated by the EMPLOYER at such rate, including periodic increases, as may be deemed reasonable under regulations prescribed by the Secretary of Labor, but in no event at a rate less than that specified in Section 6 (a) (1) of the Fair Labor Standards Act of 1938 or, if higher, under the applicable State or local minimum wage 1 aw. 7. Services and activities provided under this Agreement will be administered by or under the supervision of the EMPLOYER. 8. No relative by blood, adoption or marriages of the EMPLOYER may be trained under this Agreement. 9. Appropriate standards for health and safety in work and training situations will be maintained. 1 O. Conditions of employment or training are appropriate and reasonable with regard to the type of work, the geographical region, and the proficiency of the trainee. 1 1. Training will not be for any occupation which requires less than six weeks of training according to the Specific Vocational Preparation Table (SVP Code). 12. Training will, to the maximum extent practicable, be consistent with every individual's fullest capabilities and lead to employment possibilities. 13. The program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants. 14. Training will be in accordance with the training plan, which plan incorporates documentation that must be completed by EMPLOYER before end of contract. 15. *Dot and **SVP code books will be used to determine length of OJT period. The training time EXHIBIT B may not be longer than the SVP Code allows; however, contractors are encouraged to negotiate shorter training periods whenever applicable. 16. OJT trainees shall not number more than 40% of the EMPLOYERS work force. 17. All EMPLOYER training payments (reimbursements) must be exclusive of any and all EMPLOYER fringe benefits, paid holidays, paid sick days and overtime compensation. 18. The participating EMPLOYER must keep an accurate and up-to-date time sheet for the OJT trainee. 19. Payroll records, time and attendance records and job duties retained on file by the participating EMPLOYER reach OJT trainee are subject to review. 3/12/12 ce Provider Signature Date Jeffrey Print First Name Barman Print Last Name California Waters. LLC Organization Name 2909 W. Warner Ave., Santa Ana, CA 92704 Organization Address EXHIBIT B On the Job Training Agreement Checklist BUSINESS NAME: ??,? ? T ?? VIiLG( ?, I?c?(-?rs, u? 1. Pre Award Survey 2. OJT Agreement Template: Training dates (pg 1), reimbursement rate (pg 1), and maximum reimbursement amount (pg 4), and Employer Info (pg 5) match Exhibit A-Training Plan. 3. Exhibit A: Training Plan C?OJT's to employees do not exceed 1-5 ratio D?SVP Level is => 3+ t?Iours of Training are reasonable ??ost Computation is in accordance hourly wage 50% of wages or sliding scale based on number of employees per DOL waiver. ®?gned by Employer 4. Exhibit B: Assurances 5. Exhibit C: Insurance commercial/workers comp for 1,000,000 with Additional Insured Endorsement naming City of Santa Ana as Additional Insured. 6. Exhibit D: Drug Free Workplace Form completed and signed. 7. Exhibit E: Debarment Certification signed. 8. File: ADA Survey EEO 8t Grievance Procedures 9. Three copies of agreement and canary routing slip attached Comments: NO G' ? /? ? B? ? ?f ? ?. Program Supervisor Date On the Job Training Pre Award Survey BUSINESS NAME: California Water. LLC STATE TAX I.D. # 3 02-1 6329 ADDRESS: 2909 W. Warner. Ave. Santa Ana CA 92620 FEDERAL TAX LD. # 27-1 1 55 1 8 (949) 528-0900 YES NO 1. The business does provide worker's compensation coverage. x ? Policy Number: CAWC240 1 90-0003 1 0063 2. The business does provide General Liability Insurance in the amount of x ? One Million Dollars ($1,000,000). Policy must identify the City of Santa Ana as the certificate holder. 3. The system used for business accounting does document cash received, state and federal tax withholdings, FICA deductions. x ? 4. The business has not been cited for any health, safety, wage and hour, or child labor violations during the past 12 months. x ? 5. The business maintains a grievance and/or complaint handling procedures for x ? employees. 6. The prospective OJT client is not a former employee of the business. x ? 7. Wages for the planned OJT position are wages comparable to similar positions. x ? 8. A written job description for this position is on file. x ? 9. Union concurrence has been obtained. ? xN/A 1 O. Business license is current. x ? 1 1 . The business has not had any employees laid off in the past 6 months. x ? 12. The business is financially stable and has the means to train and pay for the ros ective OJT em 1 I? P P oyee. x ? The employer stipulates and agrees by signing below that the establishment in which on-the job training will be given: (1) Has not been moved from any previous location less than 120 days prior to the effective date of the OJT contract. (2) Is not a branch, affiliate or subsidiary of a business entity in another location which has, at any time subsequent to the date of the OJT contract, relocated or expanded so as to cause an increase in unemployment or the closing down of operations in which the entity conducts business operations. TOTAL WORKFORCE # Comments: CONTRACT RECOMMENDED YES ? NO ? Jeffrey Barman President 3/19/12 Employer Title Date 1? / /? Program Supervisor/Director Date ACORO® CERTIFICATE OF LIABILITY INSURANCE " DATE (MM/DD/YY`!17 ?? 04/26/2012 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 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 Paula Pepe MPX Insurance Services, Inc. PHONE FAX (949)334-5330 ac No: (949)28'1-2877 27121 Aliso Creek Road, Suite 130 E-MAIL ADDRESS: service mpxinsurance.com Alisa Viejo, CA 92656 INSURER 5 AFFORDING COVERAGE NAIC # License #• OH49306 - INSURERA: WOrldWlde Facilities Inc 12203 INSURED INSURER B: Allied Insurance COT an 23787 California Waters LLC 8r California Waters Develo 1? tnc.National Union Fire Insurance Co 19445 2909 W Warner Ave INSURERD: NorGUARD Insurance COm an 25232 Santa Ana, CA 92704-5332 INSURER E: INSURER F CC]VFRAr9F4 CFRTI FICATF NIIMRF R- nOnnn Sg6_1i1g6Q0 RFVIRIfIN NI IMRFR- Gt 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 TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A GENERAL LIABILITY Y N 000310064 04/09/2012 04/09/2013 EACH OCCURRENCE $ 1 OOO OOO X COMMERCIAL GENERAL LIABILITY PREMISES Ea occuErranca $ 50 000 _ CLAIMSMADE n OOCUR MED EXP (Any oneperaon) _ $ PERSONAL 8 ADV INJURY $ 1 OOO 000 GEN ERAL AGGREGATE $ 2 OOO OOO GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X PRO LOC _ $ B AUT OMOBILE LIABILITY Y N ACPBA7805368589 11/20/2011 '1'1/20/20'12 ee aacc daDtSINGLE LIMIT ,1 OOO OOO ANY AUTO BODILY INJURY (Per person) $ X ALL OVM?IED SCHEDULED AUTOS X AUTOS i BODILY INJURY (Par eccitlan[) $ NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS AUTOS Per accitlent C X UMBRELLA LIAB X occuR Y '. N BE033077324 04/09/2012 04/09/2013 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ S,000,OOO DED RETENTION $ $ D AND EMPLOYERS' LIABIILOTY N CAWC240190 04/09/20'12 04/09/20'13 X WC STATU- OTH- Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ? N / A I EL EACH ACCIDENT $ 1 ,000,000 OFFICER/MEMBER EXCLU DED9 (Mantla[ory in NH) E.L. DISEASE- EA EMPLOYE $ 1,000,000 If yes, describe untler DESCRIPTION OF OPERATIONS below E_L DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTON OF OPERATONS / LOCATONS /VEHICLES (AHacM ACORD 101, Adtlitlonal Remarha Schedule, if more apa® is requiratl) Certificate holder, iffi officers, agenffi, and employees are named as Additional Insureds in regards to ?CQ„rtera?i,Li?r 7- ?1 V g _ - y. attached form. Ap p" ROVED J ' 10-days notice of cancellation for nonpayment. ?(- ? t j(//?/???++LISA E. STORCK t City Attorney ssistan CFRTI FICATF Hnl nFR CANCFI 1 ATIrfN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn- Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 20 Ci i C Pl t v en er aza c Santa Ana, CA 92702 AUTHORIZED REPRESENTATVE PAP © 1988-201 O ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Panted by PAP on ApNI 26, 2012 al 03:16PM COMMERCIAL LIABILTY POLICY#000310064 BUSINESS AUTO LIABILITY POLICY #ACP7805368589 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 BUSINESS AUTO LIABILITY SCHEDULE Name Of Additional Insured Person(s) City of Santa Ana, its officers, agents, and employees 20 Civic Center Plaza Santa Ana, CA 92701 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 insureds) at the location(s) designated above- B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions 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 insureds) 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. - -? l ISA STORCK p?s?stant City Attorney CG 20 1 O 07 04 ©ISO Properties, Inc., 2004 ?a? Page 1 of 1 O EXHIBIT C Insurance Company This endorsement modifies such insurance as is afforded by the relating to the following: r \ v? ,C Co ons of Policy # O©C3,3 ? G? ?? 1. The City of Santa Ana, ZO Civic Center Plaza, ants Ana, California 92702; its officers, employees, agents and volunteers are named as additional ins eds ("additional insureds") with regard to liability and defense of suits arising from the operations and us performed by or on behalf of the named insured. 2. With respect to claims arising out of the operation nanied insured, such insurance as is afforded by this policy is pr with any other insurance carried by or for the benefit of the additie 3. This insurance applies separately to each insured a except with respect to the company's limits of liability. The i insured shall not affect any right which such person or organization 4. With respect to the additional insureds, this ins reduced in coverage or limits except after thirty (30) days writte Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is requir Effective ? 3/ O (' r Z d l ,this Policy # Q?? ? 1 (???_? Issued to C? o .1 ? 1>?-,?- ,., ? n ? _ ? n3.? -,rte s Named Insured Countersigned by Auth and uses performed by or on behalf of the ary and is not additional to or contributing 1 insureds. st whom claim is made or suit is brought Sion of any person or organization as an Auld have as a claimant if not so included. ance shall not be canceled, or materially notice has been given to the City of Santa to make this endorsement effective.) form as a part of five Exhibit C Certification Regarding Drug-Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide adrug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing adrug-free awareness program to inform employees about - (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining adrug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; EXHIBIT D (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - ( 1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Pertormance" form the site(s) for the pertormance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the pertormance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. Dated: 3?3? Z Program Operator EXHIBIT D DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Name: -- J C??/e f ? /?r]Q Name of Contractor: Contractor Number: Date: _- 3 /?? 2 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): EXHIBIT D Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988 Federal Re ig ster (pages 19160-19211). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached) (1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (2) Where the prospective recipient of federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. J?y ??/yil?? ??s??3?f Name and Title of Authorized Representative S %??% Z Date EXHIBIT E INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a materi al representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance finds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of federal assistance fiends agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non- Procurement Proarams. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment.