Loading...
HomeMy WebLinkAboutGOLDSTONE K-9, LLCtivSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 0 y /U I /Zoz() CLERK OF COUNCIL DATE: AGREEMENT TO PROVIDE BLOODHOUND TRAINING r Fdpt (,MJY clabora As SERVICES TO THE CITY OF SANTA ANA N-2020-069 THIS AGREEMENT is made and entered into this 3rd day of February, 2020 by and is between Goldstone K-9, LLC, a California Limited Liability Corporation, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the co Constitution and laws of the State of California ("City"). N RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of providing police bloodhound training for police dogs and police bloodhound handlers and selecting appropriate dogs for use as a police bloodhound. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises. and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools. and incidental customary work required to fully and adequately complete to provide monthly training for police bloodhounds and their handlers, basic handler training as required for new bloodhound trainers, new bloodhound selection, training of new bloodhounds, and miscellaneous equipment. 2. COMPENSATION a. City agrees to pay. and Consultant agrees to accept as total payment for its services the rates and charges set forth below. "rhe total sum to be expended under this Agreement shall not exceed $25.000 during the three year term of this Agreement. Descri tion of Servi es $ Amount Monthly Training per Year $6,000 a year x 3 years - $18.000 �t New Bloodhound $3,000 Equipment $4,000 TOTAL: $25,000 Page 1 of 8 #25791e1 b. Payment by City shall be wade within 45 days (forty-five) days following receipt of proper invoice evidencing work perl'brnned, subject to City accounting Procedures, Payment need not be made for work which fails to mcet the standards of performance set forth in the Recitals which may reasonably be expected by City, d, TERM This Agreement shall commerce on the date first written above for a three (3) year terns, unless terminated earlier in accordance with Section 13, below. 4. IND117PFNDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not ail employee of tilt City. This Agreement is not intended nor shall it be construed to create ail cmployei-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the processional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a. manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes, S. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain turd shall require its subcontractors, ifany, to obtain and maintain insurance as described below. a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from, any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. "19ne amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agentg, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions, b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance, In accordance with the provisions of Section 3700 of the labor Code, Consultant, if Consultant has any employees, is required #25791 v t Page 2 of 8 to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000„000 per accident, d. if Coansulttmt is or employs a licensed professional such as an architcot or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant Pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement, ii. Cerd icates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage gn•eater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in fierce and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination, Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. G. INI9EMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for Personal injury, including death, and clabus for }property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf winch 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 indcnnnity 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 front this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging time 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 respeetto its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Cade Section 2782.8, to claims that arise- out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant 7, RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement mid any services, expenditures, and disbursements charged to the City for a minirntun period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proeeedings, and activities related to this Agreement tzar a period of three (3) years from the date of final payment to Consultant trader this Agreement. 8, CONFIDE,N 'IALITY ff Consultant receives lr(M' the City information which due to the nature of such information is reasonably understood to be confidential and/tor proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it tiles to protect its own information of like importance, but in no event lessihanreasonablecare, "Confidential htfornaation"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 tie fault of the Consultant disclosed in a publicly available source; (e) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICTOF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict, in any manner with performance of services specified under this Agreement. 10. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, orarital status„ sexual orientation, gender identity, gender expression, gender, medical conditions, genetic ird'ormation, or military and veteran status, age, national origin„ ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affarnts that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, 11, EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive stateinent between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties_ In the event of a conflict between the forms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail, ']'his Agreement may not be modified except by written instrument signed by the City and by an authorizcd representative of Consultant, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City, Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting oil behalf of any party, which is not embodied herein, 11 ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void, Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which tine the subject to this Agreement performed by City personnel or by other consultants retained by City. 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services polformeol by Consultant prior to receipt of such notice of termination, subject to the following conditions; a, As a condition of such payment, the Executive lArector may require Consultant to deliver to the City all work products) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which falls to meet the standard of performance specified in the Recitals of this Agreement, 14. 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, 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of Califortlia and the validity, interpretation, performance, and enforcement or 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 counection with or by reason of this Agreement. 16, PROFESSIONAL LICENSES Consultant shall, throughout the temp of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision ofthe 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 governttnental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 17. iVIISCE➢d,ANEOUS 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 terns 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, 'fhe Agreement is the final and complete agreement and any prior or contemporaneous agreements between the parties is superseded by this Agreement c, All Exhibits rofercnced herein and attached hereto shall be incorporated as iffully set forth in the body of this Agreement. 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:. Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) P,O. Box 1988 Santa Ana, California 92702 F'ax: 714-245-8007 To Consultant: Lance Bauer Goldstone K-9, LLC; P.O. Box 1000 Yucaipa, CA 92399 Fax:919-790-5785 A party may change its address by giving notice in writing to the other pally. Thereafter, any connounication 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 alter it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If gent by tax, communication shall be et%etive 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 tames, weekends, federal, state, County or City holidays shall be excluded. [signature page to follow] IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: I sy Gomez € -i'rk of the Council "' APPROVED AS TO FORM: SONIA R. CARVALHO City orney By:9A_ TAMARA OGOSIAN Assistant City Attorney RECOMMENDED FOR APPROVAL: D VALENTIN L Chief of Police CITY OF SANTA ANA Krisfmc Ridge City Manager GOLDSTONE K-9, LLC: mice auer Title: i following dec I certi contract for not employ ar compensation workers' corn comply with t DATE: Jan WARNMG: F, UNLAWFUL, e AND CIVIL Fll ADDITION TO IN SECTION 3'. hereby affirm under penalty of perjury, the of Goldstone K-9, LLC that during the term of my — � ,r _ (ConsullanVCmm�snv N;,m., services with the City of Santa Ana, I will in any manner so as to become subject to the workers' and agree that if I should become subject to the Provisions of Section 3700 of the Labor Code, I shall forthwith ions and provide proof of workers' compensation coverage. 2019 By: Lance Bauer Name: Title: Owner Telephone: 909-520-5050 E TO SECURE WORKERS' COMPENSATION COVERAGE IS HALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES P TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN �-OST OF COMPENSATION, DAMAGES AS PROVIDED FOR THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. VED & APPROVED NI,V,MjHVILM Doti ISION 812019 M. LAMBERT qC R CEF GOLDK-9-01 TIFICATE OF LIABILITY INSURANCE SETTS DYYYYI DATEfMMID19 THIS CERTIFICATE IS ISSUED AS CERTIFICATE DOES NOT AFFIRM BELOW. THIS CERTIFICATE OF REPRESENTATIVE OR PRODUCER, A MA TIVEL NSURJ1 NO THE R OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TIE ' OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE; YCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING CERTIFICATE HOLDER. CERTIFICATE HOLDER. HIS AFFORDED BY THE POLICIES INSURER(S), AUTHORIZED IMPORTANT: If the certificate hol If SUBROGATION IS WAIVED, sub this certificate does not confer ri h PRODUCER License# U757776 Riverside, CA - HUB International Ima PO Box 5345 Riverside, CA 92517 er is act to to the once S a ADDITIONAL INSURED, the PORGY IES) must have ADDITIONAL INSURED the terms and conditions of the policy, cartel policies may require a �eriiFlcate holder in Ifeu of such endorsements . c TACT Elizabeth Betts rvices Inc. PHONE INC, No, Bra): (951) 779.8741 I .elizabeth.betts hubintea m provisions or be endorsed. endorsement. A statement on FAX Noi: co onal.com INSURI NSURERA:Ohio Securi Insurance C NAICB INSURED any 124082 Goldstone 36080 Goldstone Street NSURCR 8: INSURERC Yucaipa, CA 92399 INSURER D INSURER E COVERAGES CFRTIFIC THIS IS TO CERTIFY THAT THE POLI INDICATED. NOTWITHSTANDING ANY CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUC INSR TYPE OF INSURANCE IES OF REOUI PER POLIC ADIX INSURER F: TE NUMBER: INSURANCE LISTED BELOWHAVE BEEN ISSUEDTOTHEINSURED REVISION EMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMEN IN, THE INSURANCE AFFORDED BY HE POLICIES DESCRIBED HEREINISSUBJECTTOALLTHETE ES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. UBR POLICY NUMBER POLICY EFF POLICY E%P r B NAMED UMBER: THE POLICY PERIOD WITH RESPECT TO WHICH HIS THIS LIMBS A X COMMERCIALGENERAL LIABILITY .RENCE ENTED 5 1,000,000 s 500,000 CLAIMS -MADE X OCCUR X EACH OCC BKS66535215 9/1/2019 9N/2020 DAMAGE TO MED FXP A,, 0. raon S 16,000 GEN'LAGGREGATE PERSONAL GE AL AGGREGATE PRODUCTS - HNOA LIA ADV INJURY COMP/OP AGG S 1,000,000 S 2,000,000 S 2,000,000 LIMIT IES PER: POLICY ❑ PI�tT �% Loc OTHER. AUTOMOBILE LIgBILITY ANY AUTO oAUTOSw"a"ONLY SCHEDULED AEE�� AUTOSSW}.� p LRTOS ONLY AUTOS OV COMBINED SINGLE BODILYINJURY BODILY INJUGE LIMIT S 1,000,000 S Per arson Par amitlent S g g PpOPE Para N art UMBRELLA DAB OCCUR S EXCESS Lue CLAIMSWAD EACH OCCURNICE AGGR GATE S DED RETENTION$ OTH- (DENT EA EMP DYE POLICY LIMIT g WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PRONIETORRARTNERII ECUENE IN. Idst0ry mRw), EXCLUDED? El DESCRIPT�aION OFOPERATIONS belon NIA PER E.L.EACHA E.L DISEASE E.LCISEASE ) S S OE8CR1 The City of Santa Ana sNAdditional Insures CG88100413. with re and to General Liability when'requ required by written contract par the attache}! I, endorsement form i i C RTIFICATE HOLDER i NIP C nf)7'f t, L i C NCELLATION City of Santa Ana 60 Civic Center Plaza Santa Ana, CA 92702 SHOLD ANY E ABOVE ^!� (t THE U EXPIRATIONDATEDATE THEREOF NO NOgjICEIEWI [p1 J ACCORDANCE WITH HE POLICY PROVISION¢. LCBECDELIVERED ELLED BEFORE 4CORD 25 (2016103) AM The A NT IA .11L� )L )tT A"'ZED REPRESENTATNE ORD name and logo are registered mei)1 8 ACORDCORD CORK RATION. All rights reserved. s THIS This endorsement COMMERCIAL SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRI PROPERTY DAMAGE LIAI a EXTENDED DAMAGE TOI 9 MEDICAL PAYMENTS EX' EXTENSION OF SUPPLEM ADDITIONAL INSUREDS - PRIMARY AND NON-CON7 ADDITIONAL INSUREDS - WHO IS AN INSURED - INC INSURED - FELLOW EMPL NEWLY FORMED ORADDI FAILURE TO DISCLOSC- HA KNOWLEDGE OFOCCURR LIBERALIZATION CLAUSE BODILY INJURY REDEFINE EXTENDED PROPERTY DAI WAIVER OF TRANSFER OF WHEN REQUIRED IN A COI CG 88 10 04 13 COMMERCIA GENERAL LIABILITY CG 88 10 04 13 31 MENT CHANGES THE POLICY. PLEASE READ IT CAREF ILLY. AE RCIAL GENERAL LIABILITY EXTENSION su ance provided under the following: LIABILITY COVERAGE PART INDEX PAGE 2 2 Y ELEVATORS 2 3E RTY RENTED TO YOU (Tenant's Property Damage) 2 ;1C N i 3 R11 Y PAYMENTS - COVERAGES A AND B 3 :O NTRACT, AGREEMENT OR PERMIT 3 1T RY- ADDITIONAL INSURED EXTENSION 5 =LADED PROTECTION OF YOUR "LIMITS OF INSURANCE" 8 hT L MEDICAL ERROR&MALPRACTICE AND WHO IS AN EXTENSION - MANAGEMENT EMPLOYEES 8 IALLY ACQUIRED ENTITIES 7 D AND PRIOR OCCURRENCES 7 _, FFENSE, CLAIM OR SUIT 7 7 7 E 8 ITS OF RECOVERY AGAINST OTHERS TO US - kC OR AGREEMENT WITH YOU 8 © 20131-Ibeny Mutual Insurance (righted material of Insurance Services Office. Inc., with its permission. Page 1 of 8 With respect to coverage afford A by this endorsement, the provisions of the policy apr ly unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2, Exclusions Of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, uto r Watercraft does not apply to an aircraft provided: 1. It Is not owned by any It sured; 2. It is hired, charterE d or I Dared with a trained paid crew; 3. The pilot in com nd f Olds a currently effective certificate, issued by the duly cc nstituted authority of the United States f Am arica or Canada, designating her or him a commercial or irline pilot; and 4. It is not being use to cE try persons or property for a charge, However, the insuranc afforded by this provision does not apply if there is available to the insured other valid and collectible irsurance, whether primary, excess (other than Insurance written to apply specifically in excess of this policy), co tingent or on any other basis, that would also apply to t e loss covered under this provision. B. NON -OWNED WATER RAF Under Paragraph 2. E lusio is of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of a clusio g. Aircraft, Auto Or Watercraft is replaced by the follow g: This exclusion dos not pply to: (2) A watercraft y u do not own that is: (a) Less than 52 fee t long; and (b) Not being used '0 carry persons or property for a charge. C. PROPERTY DAMAGE IABILI� Y -ELEVATORS 1. Under Paragraph 2. Excluslons of Section 1 - Coverage A - Bodily Injury And Pro arty Damage Liabil- ity, Subparagraphs (3), 4) and (6) of exclusion J. Damage To Property do not ap ly if such "property damage" results it m tt a use of elevators, For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair cps ations. 2. The following is aided o Section IV - Commercial General Liability Conditions Condition 4. Other Insurance, Paragraph y. xcessinsurance: The insurance affo ded y this provision of this endorsement is excess over any property insurance, whether primary, Excess, contingent or on any other basis. D. EXTENDED DAMAGE T D PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage P rt: 1. Under Paragraph 2 Exclt sions of Section I - Coverage A - Bodily Injury and Prope y Damage Liability: a. The fourth fror I the last paragraph of exclusion j. Damage To Property Is replaced by the follow- Ing: Paragraphs (1), (3) a of (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, exp oslon, smoke, or leakage from an automatic fire protectio system) to: (1) Premises r nteif o you for a period of 7 or fewer consecutive days; or (11) Contents 11 at yo- rent or lease as part of a premises rental or lease agree lient for a period of more than 7days, Paragraphs (1) (3), aid (4) of this exclusion do not apply to "property damage" to contents of premises rente to yc u for a period of 7 or fewer consecutive days. A separate lim t of nsurance applies to this coverage as described in Se tion III - Limits of Insurance. 2013Uberty Mutual Insurance CG 88 10 04 13 Include copyri hted material of Insurance Services office, Inc.,with Its permission. Page 2 of 8 b. The last pan Exclusions r from autome you with pei Rented To Y 2. Paragraph 6. and 6. Subject to P pay under G a. Any one (1) Whll (2) Whit =- tem: b. Contents iph lof subsection 2. Exclusions is replaced by the following hrou h n. do not apply to damage by fire, lightning, explost fire protection systems to premises while rented to you or to ssion of the owner. A separate limit of insurance applies to as described in Section III - Limits Of Insurance. Section III -Limits Of Insurance is replaced by the following: graph 5, above, the Damage To Premises Rented To You Lin rage A for damages because of "property damage" to: rent 'd to you; or rent d to you or temporarily occupied by you with p, e b fire, lightning, explosion, smoke or leakage from or 3. As regards coverage p YOU (Tenant's Pr pert) 9.a. A contract for a Is; that indemnities si leakage from aut4r occupied by ou % that are Included in E. MEDICAL PAYMENTS $ If Coverage C Medical are amended as follow; Under Paragraph (b) of Paragraph a, (b) The expenses F. EXTENSION OF SUPP[ 1. Under Supplemenl b. Up to $3,000 1 out of the use to furnish thes 2. Paragraph 1.d, is r, v d. All reasonable defense of the off from work. G. ADDITIONAL INSURE[ 1. Paragraph 2. undE organization whot agreement or per liability for "bodily or In part by: a. Your acts or c of your on goi I q1_ written agreer j sonal and eer written agreen CG 88 10 04 13 Includ rent or lease as part of a premises rental or lease agre led by this provision D. EXTENDED DAMAGE TO F image) - Paragraph 9.a. of Definitions is replaced with of premises. However, that portion of the contract I rerson or organization for damage by fire, lightning, fire protection systems to premises while rented the permission of the owner, or for damage to cont it premises rental or lease agreement, is not an "Insur is not otherwise excluded, the Medical Payments su ring Agreement of Section I - Coverage C - Medical Pa ap aced by the following: Incurred and reported within three years of the date of the "N ARY PAYMENTS -COVERAGES A AND B P tYments -Coverages A and B, Paragraph 1.b, is replaced ost of bail bonds required because of accidents or traffic p vehicle to which the Bodily Injury Liability Coverage al smoke or leakage 'ariiy occupied by cage To Premises Is the most we will of the owner for protection sys- IPERTY RENTED TO e following: a lease of premises Kplosion, smoke, or you or temporarily s of such premises contract". by this policy Subparagraph and the following: violations arising s. We do not have by the following: ses Incurred by the insured at our request to assist us J the investigation or or "suit", including actual loss of earnings up to $Soo alday because of time "by IWNTRACT, AGREEMENT OR PERMIT iecti 3n II - Who Is An Insured is amended to include as an in ured any person or you have agreed to add as an additional insured in a wriit n contract, written Such person or organization is an additional insured but my with respect to ijury , "property damage" or "personal and advertising inju caused in whole or the acts or omissions of those acting on your behalf tions for the additional insured that are the subject of tt ivided that the "bodily injury" or "property damage" injury" Is committed, subsequent to the signing of suc ® 20131-ibedy Mutual Insurance yri hied material of Insurance Services office, Inc., with its permission. in the performance written contract or xcurs, or the "per - written contract or Page 3 of 8 tt b b. Premises or I RcIlitl c. The maintena ice,' organization; or d. Operations p rfor Issued a per it si (1) This insu anti vertlsing injur; (2) This insu anct (3) Insurance hazards: (a) The sign; hoist surer (b) The i (c) The t However: 1. The insurance 2. if coverage p ante afforded the contract c With respect to I under this endorse (1) All work, the projec additional (2) That port engaged With respect to under this endor Premises or facilit With respects to place after the eq to the lessor. The Insurance pre Is signed prior to i We have no duty notice of a "suit" Event Of Occurrel tions. V/ CG 88 10 04 13 rented by you or used by you; or )ration or use by you of equipment rented or leased to od by you or on your behalf for which the state or pc ect to the following additional provisions: does not apply to "bodily injury", "property damage", arising out of the operations performed for the state or does not apply to "bodily injury" or "property damage rations hazard". to premises you own, rent, or control but only with eiste ce, maintenance, repair, construction, erection, or awn( g8, canopies, cellar entrances, coal holes, driveway; Iway openings, sidewalk vaults, street banners, or decor or' erection, or removal of elevators; or maintenance, or use of any elevators covered by this to such additional insured only applies to the extent to the additional insured is required by a contract or additional insured will not be broader than that whit lent to provide for such additional insured. I 1.e. above, a person's or organization's status as ids when: by such person or subdivision has "personal and ad- itical subdivision; Included within the to the following al of advertising holes, marquees, and similar expo- -milted by law; and ireement, the insur- you are required by additional Insured 3 materials, parts or equipment furnished in connection with such work, on than service, maintenance or repairs) to be performed by or on behalf of the I(s) at the location of the covered operations has been completed; or your work" out of which the injury or damage arises has been put to its any person or organization other than another contractor or subcontractor ming operations for a principal as a part of the same project. i 1.b. above, a person's or organization's status as ai additional Insured ends when their written contract or written agreemeni with you for such I Co. above, this insurance does not apply to any "occu rence" which takes rental or lease agreement has expired or you have retur ed such equipment this endorsement applies only If the written contract c r written agreement injury" or "property damage". I an additional insured under this endorsement until we receive written Iditional insured as required in Paragraph b. of Condit on 2. Duties In the ise, Claim Or Suit under Section IV Commercial General Liability Condi• 0 2013 Liberty Mutual Insurance material of Insurance Services office, Inc., with Its permission. Page 4 of 8 2. With respect tote Insurance provided by this endorsement, the following are idded to Paragraph 2. Exclusions under Secth in I - Coverage A - Bodily Injury And Property Damage LIE blilty: This insurance dos not apply to: a. "Bodily injury' or " roperty damage" arising from the sole negligence of the additional Insured. b. "Bodily Injur " or "property damage" that occurs prior to you commencilig operations at the location wher such "bodily Injury" or "property damage" occurs, c. "Bodily injury', "pr perty damage" or "personal and advertising injury" arising out of the render- ing of, or the failur to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prelaare or approve, maps, she drawings, opinions, reports, EurveYE, field orders, change orders or drawings and specifications; or (2) Supervise y, inspection, architectural or engineering activities. This exclusion applies' en if the claims against any Insured allege negligence o other wrongdoing in o the supervision, firing, employment, training or monitoring of others by that Insured, if the "occur- rence" which ca sed j the "bodily injury" or "property damage", or the offense which caused the .personal and adi,ertlainj injury", involved the rendering of, or the failure to ren er, any professional architectural, engiiieering or surveying services, OMM d. "Bodily Injury" or"' roperty damage" occurring after: (1) All work, nelddi g materials, parts or equipment furnished in connectlor with such work, on the projec (oth r 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 c mpleted; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended Ase by any person or organization other than another contrac or or subcontractor engaged i pei lf rming operations for a principal as a part of the same pro act. e. Any person or organ zation specifically designated as an additional insured foi ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACT RS endorsement is- sued by us anc maclf a part of this policy. 3. With respect to the InsurE nce afforded to these additional Insureds, the following Is added to Section III - Limits Of Insurance: If coverage provide I tote additional insured is required by a contract or agreeME nt, the most we will pay on behalf of the addit onal insured is the amount of insurance: a. Required by th conti act or agreement; or b. Available unde the applicable Limits of Insurance shown in the Declarations; r, whichever is less. I This endorsement shall n t Increase the applicable Limits of Insurance shown in th Declaratio ns. H. PRIMARY AND NON-C NThi UTORY ADDITIONAL INSURED EXTENSION N This provision applies tD any person or organization who qualifies as an additional insured under any form or endorsement under t its po icy, Condition 4. Other Insu ance of SECTION W - COMMERCIAL GENERAL LIABILITY CO DITIONS is amend- ed as follows: a. The following Is added to Paragraph a. Primary Insurance: If an additional ins red's policy has an Other Insurance provision making its poll y excess, and you have agreed In a wr ttenentreat or written agreement to provide the additional insured coverage on a primary and noncontribute y basis, this policy shall be primary and we will not se k contribution from the additional insur d's Policy for damages we cover. 88 10 04 93 © 2013 Liberty Mutual Insurance Include copyri hted material of Insurance Services office, Inc., with its permission. Page 5 of 8 b. The following is 4dde When a written c ntre agreement, an a uiprr subdivision between I primary and non- onti tional Insured Is cesigi Regardless of the writ over any other insura additional insured has I. ADDITIONAL INSUREDS -' This provision applies to a or endorsement under this 1. The following is a An additional insui a. Give written r this insur nce. b. Tender t e di Insurancel ava Paragraph b. Excesslnsurance: or written agreement, other than a premises lease, facilities rental contract or rental or lease contract or agreement, or permit issue by a state or political i and an additional Insured does not require this insur nce to be primary or tory, this Insurance is excess over any other insuranc for which the addl- ad as a Named Insured, agreement between you and an additional Insured, Whether primary, excess, contingent or on any c n added as an additional insured on other policies. ENDED PROTECTION OF YOUR "LIMITS OF INSUR/ person or organization who qualifies as an additional ad to Condition 2. Duties In The Event Of Occurrence, Of under this endorsement will as soon as practicable: ce of an "occurrence" or ail offense that may result in a us; Ilse and Indemnity of any claim or "suit" to all insun ile to the additional Insured; and c. Agree to make available any other Insurance which the additional Insur cover and r this Coverage Part, d. We have o duly to defend or indemnify an additional insured under th we receiv wrttt n notice of a "suit" by the additional Insured. 2. The limits of ii isuran m applicable to the additional insured are those specified or written agr3emort or the limits of insurance as stated in the Declaration defined In Se tiorl II • Limits of Insurance of this policy, whichever are It inclusive of and noi t n addition to the limits of insurance available under this f Insurance is excess basis for which the ured under any form apse, Claim or Suit: ;laim or "suit" under s whom also have d has for a loss we t endorsement until in a written contract of this policy and ;s. These limits are J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED - FELL W EMPLOYEE EXTENSION . MANAGEMENT EMPLOYEE Paragraph 2.a.(1) of Section I -Who is An Insured is replaced with the following: (1) "Bodily injury" or 1persoi at and advertising injury": (a) To you, to your partn rs or members (if you are a partnership or joint venture), to your members (if you are a limitc d lea ility company), to a co -"employee" while in the course f his or her employ- ment or perfcr ing duties related to the conduct of your business, or to your other "volunteer a workers" while perfo ming duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "VOIL nteer worker" as a a consequence o f Para 3raph (1)(a) above; (c) For which ther is'a y obligation to share damages with or repay someone else who must pay damages becat se of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of f is or I ier providing or falling to provide professional health car services. However, if you are not in the business of providing professional health care services Or providing profes- sional health care personnel to others, or if coverage for providing professio al health care ser- vices is not oth noise excluded by separate endorsement, this provision (Part graph (d)) does not apply. Paragraphs (a) and (b) an "employee" who is the "employee's" job ass" of yours. Howeve 100413 Include not apply to "bodily injury" or "personal and ac a supervisory capacity for you. Supervisory car Iities assigned by you, includes the direct sur of these "employees" are insureds for "bodily ® 2013 Liberty Mutual insurance material of Insurance Services office, Inc., with its permission. I injury" caused by used herein means of other "employ - or "personal and Page 6 of 8 advertising injury" a ising ut of their willful conduct, which is defined as the purpos ful or willful Intent to cause "bodily injury" or "p rsonal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled 3ubstances. The coverage provide I by I rovision J. Is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR DDI ZONALLY ACQUIRED ENTITIES Paragraph 3. of Section II',! Who is An Insured Is replaced by the following: 3. Any organization Pu newly acquire or form and over which you maintain ownership or majority Interest, will qualify as a Named Insured if there is no other similar insurk nce available to that —��— organization. However: a. Coverage under this provision Is afforded only until the expiration ol the policy period in which the entit was acquired or formed by you; b. Coverage A dos not apply to "bodily Injury" or "property damage" the occurred before you acquired or formed the organization; and c. Coverage B d es not apply to "personal and advertising Injury" arising out of an offense committe bef re you acquired or formed the organization. d. Records nd descriptions of operations must be maintained by the first Named Insured. No person or organize on '!IE an Insured with respect to the conduct of any current or past partnership, joint venture or limited flab Illy Ic mpany that is not shown as a Named Insured in the Declarations or qualifies as an Insured under this pr6 Islon. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV . Coinmer let General Liability Conditions, the following is added to Condition 6. Repre- sentations: i Your failure to dis lose i II hazards or prior "occurrences" existing as of the Inception date of the policy shall not prejudice the', c verage afforded by this policy provided such failure to d'sclose all hazards or prior "occurrences" isn t intentional. M. KNOWLEDGE OF OCC RRE CE, OFFENSE, CLAIM OR SUIT Under Section IV - Cot imere al General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurr nce; ffense, Claim Or Suit: i Knowledge of an occur ence", offense, claim or "suit" by an agent, servant o "employee" of any Insured shall not ir itself constitute knowledge of the insured unless an Insured lis ed under Paragraph 1. of Section 11 - W 10 Is j un Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from i he agent, servant or n "employee". N, LIBERALIZATION CLA SE If we revise this Comm rcial General Liability Extension Endorsement to provide mo a coverage without additional premium ch rge,our policy will automatically provide the coverage as of ff e day the revision Is effective in your state. 0. BODILY INJURY REDE INED Under Section V - Defin tions, Definition 3. is replaced by the following: 3. "Bodily Injury" Mae s physical Injury, sickness or disease sustained by a p rson. This includes mental anguish meal injury, shock, fright or death that results from such hysical injury, sick- ness or disease %/7 V X 0 04 13 © 2013 Llbeny Mutual Insurance Include copyrl hied material of Insurance Service, Office, Inc., with Its permission. Page 7 of 8 Samantha From: Sent: To: Subject: Attachments: Follow Up Flag: Flag Status: Directions: 1. Send Request to Rev 2. Subject line must be 3. Complete email tem 4. You will receive a rel 5. RMD will respond wi requirements. Request for COI Review: Vendor does not use any attached Workers Comoi Department Brief description of pi Agreement Nu Agreement Termination Agreement James ay, October 29, 2019 7:29 AM st COI Review: Goldstone K9, LLC COI - City of Santa Ana.pdf, Workers Comp Dec for iTONE K-9, LLC-2017 Agreement.pdf up Ana 1-23-19.pdf, C01 Via email using template to Risk Management Division at MD2santa-an ipleted as follows: Request COI Review: Contractor/Insured Name an I attach COI documents, send email to RMD Santa-ana. r :)nfi IIming receipt of request. 1-b isines Nay with approval or explanation of why insurance does not meet !'I .e lionals in the training provided. 1 ley've already filed the Police Jim Rose x8791 Go�dstone K9 Provide �9 training 10/5/20 Lopez, Jorge (SAPD) From: Genesis Vasquez <genesis.vasquez@goldstonek9.com> Sent: Friday, February 28, 2020 2:51 PM To: Lopez, Jorge (SAPD) Cc: Lance Bauer; Isabella King; Grace Wilson Subject: "Goldstone K-9, LLC" (General Liability Insurance Certificate and Agreement) Attachments: Certificate of Liabilty Insurance.pdf; Agreement.pdf Good afternoon Sergeant Lopez, Please see the attached General Liability Insurance Certificate and Agreement. We are not required to maintain neither Worker's Compensation insurance nor a commercial automobile insurance policy due to the nature of our training. Our instructors are full-time peace officers and any vehicles being driven are the property and are self -insured by the municipality to which they belong. Each of those vehicles is being driven by a full- time peace officer. We do not have any employees. I apologize for the delay, Mr. Bauer was in an out of meetings and then got sick this week. If you need anything else, please let me know. Sincerely, Genesis D. Vasquez Goldstone K-9, LLC P.O. Box 1000 Yucaipa, CA 92399-1000 Telephone: (909) 790-PAWS E-Mail: genesis.vasquez@goldstonel(9.com CONFIDENTIALITY NOTICE: E-mail may contain information that is legally privileged. Do not read this e-mail if you are not the intended recipient. This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. This communication is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If the reader of this communication is not the intended recipient, or the employee or agent responsible for delivering the communication to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and destroy the original transmission and its attachments without reading or saving in any manner. Thank you.