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HomeMy WebLinkAboutPROTECTION AMERICA, INC. (3)0SURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES /4-Z 21-Og� JUid 9 1t 2l CLERK OFCOIUNCIL DATE: AGREEMENT WITH PROTECTION AMERICA INC. (1) LTeyri \ TO PROVIDE SECURITY SERVICES THIS AGREEMENT is made and entered into on this day of June, 2021, by and between Protection America, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of providing security services for the property located at 1815 Carnegie Avenue, Santa Ana, California 92705, the future site of a City homeless shelter. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in the Quotation of May 12, 2021, attached hereto as Exhibit A, and incorporated by reference. Parties agree that revisions to services including, but not limited to, exact dates and/or start and end times of performance shall be agreed upon in writing. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $95,040. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 8 #123925vl 3. TERM This Agreement shall commence on the date first written above and continue for six (6) months, unless terminated earlier in accordance with Section 15, below. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. C�l� 1►6Y117:�C�D Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of Page 2 of 8 #123925vl 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, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. V. Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. Page 3 of 8 #123925vl 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. Page 4 of 8 #123925vl 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. Page 5 of 8 #123925v1 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. 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. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 6 of 8 #123925v1 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. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: 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: Executive Director, Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 Fax:714-647-5381 To Contractor: Protection America, Inc. Attn: Ed Clay 21350 Nordhoff St., #104C Chatsworth, CA 91311 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. Page 7 of 8 #123925vl A-2021-080 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Gomez of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: QJX1-- R O. od Assistan ity Attorney RECOMMENDED FOR APPROVAL: Steven Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Krist City Manager CONSULTANT: Protection America, Inc. By: Ahmed Ali Title: Chief Executive Officer Page 8 of 8 #123925vl EXHIBIT A QUOTATION Protection America Inc. Ed Clay 21350 Nordhoff St. #104C Chatsworth, CA 91311 Corporate office: 213-279-7988 Cell: 818-317-6815 Quotation Date: 5/12/21 ATTN: Terri Eggers Customer ID: City of Santa Ana Location: 1815 Carnegie Ave. Santa Ana, CA 92705 PREPARED BY: Ed Clay I Executive Vice President of Operations Security Services / Courtesy Patrol Hourly Rate Quantity of hours Amount monthly monthly (A) On site Unarmed security guard service one officer 24 hours a day 7 days a week $22.00*** 720 $15,840 (C) All guards will be provided company iPhone with Silver track guard touring and reporting platform, account manager will be assigned specifically for Links, training, equipment, �Q n/3 $0 24/7 dispatch, daily digital reports, monthly or quarterly meetings to discuss security issues and staff. Total expense: $15,840.00 Protection America, Inc. will provide a fully operational Guard Touring GPS monitoring and reporting system at no additional cost. On site officers will patrol property, report hourly with multiple pictures of different areas of the sites, report any maintenance issues, respond to any burglar alarms, maintain overall visibility on site to ensure site is not breached. Written post orders will be completed by our Account Manager prior commencing service. We will provide 24 hour manned Dispatch Center. Company iPhone with our guard touring system, picture and email capability to provide instantaneous reports to our client at the time of any occurrence. Supervisors will spot check security officers on duty at random and unannounced periodically during each week, Fully credentialed by Compliance Depot, Net Vendor, RMIS. $7 Million General Liability insurance and $1 Million Workers Compensation insurance. Contract can be terminated with 30 day notice of cancellation. Properties we service in the immediate vicinity of 1815 Carnegie: 1. Cannalysis - 1801 Carnegie Ave. Santa Ana CA 92705 2. Nikkoso ACD LLC - 2321 Pullman Ave. Sana Ana CA 92705 Quoted by: Ed Clay Date: 5/12/2021 Accepted by: Date: THANK YOU FOR YOUR INTEREST Digitally signed by Tori Pierson Tori Pierson Date: 2021.10.12 13:00:01 -07'00' / A� " CERTIFICATE OF LIABILITY INSURANCE FDATE (MM/DD/YYYY) 4/21/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Venture Pacific Insurance Services, Inc. CONT NAMEACT Tracy Mullins 111 Corporate Drive Suite 200 Ladera Ranch, CA 92694 AC No Ext: 949-421-3540 ONE FAX No: 949-297-4911 E-MAIL ADDRESS: TMullins@vpisrisk.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Burlington Insurance Company 23620 www.venturepacificinsurance.com Lic# OD10299 INSURED Protection America, Inc. 21350 Nordhoff St. #104C INSURER B INSURERC: INSURER D Chatsworth CA 91311 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 61314379 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS A �/ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Iv] OCCUR 398BG02530 4/15/2021 4/15/2022 EACH OCCURRENCE $ 1 ,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 V MED EXP (Any one person) $ 10,000 Errors & Omissions PERSONAL & ADV INJURY $ 1 ,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $2,000,000 PRO - POLICY �✓ ECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 1� $ OTHER: AUTOMOBILE LIABILITY COMBINEDSINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Santa Ana, its officers, employees, agents, and representatives are named as additional insured on this policy pursuant to written contract, agreement, or memorandum of understanding. Coverage is primary and non-contributory. 30 Day Notice of Cancellation with 10 Days Notice for Non -Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2015 ACORD C( v Risk Manegemenr glen-N%de ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 61314379 21-22 GL W/AI WOS I Tracy Mullins 14/21/2021 3:39:06 PM (PDT) I Page 1 of 4 This certificate cancels and supersedes ALL previously issued certificates. POLICY NUMBER:398BG02530 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana CA 92702 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement applicable Limits of Declarations. © Insurance Services Office, Inc., 2012 shall not increase the Insurance shown in the . Risit M¢nagemeni Division R"EwED 6 APPROVED BY: + 1, 1624 Rislc Management Clerical Aide uV� . wK 1 61314379 1 21-22 GL W/AI WOS I Tracy Mullins 14/21/2021 3:39:06 PM (PDT) Page 2 of 4 This certificate cancels and supersedes ALL previously issued certificates. KUSTOCTIMM111 COMMERCIAL GENERAL LIABILITY CG 20 01 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD UCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Q Insurance Services Office, Inc , 2012 Rifil Mudgmeni Dhiakm WoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk NFanagement Cl eriral Aide 63.314379 1 21-22 GL W/AI WOS I Tracy Mullins 1 4/21/2021 3:39:06 PM (PDT) I Page 3 Of 4 This certificate cancels and supersedes ALL previously issued certificates. ADDITIONAL INSURED ENDORSEMENT Insurance Company Burlington Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # 398BG02530 relating to the following: The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers, employees, agents and representative are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 4/21/2021 this endorsement form as part of Policy # 398BG02530 Issued to Protection America, Inc. Name Insured Countersigned by Page 20 of 20 Rifil Mudgmeni Dhialm ReoEwm & APPROVED BY' /QiG �[£/SP.Qf2 Risk NFanagement Cl eriral Aide 61314379 1 21-22 GL W/AI WOS I Tracy Mullins 1 4/21/2021 3:39:06 PM (PDT) � Page 4 Of 4 This certificate cancels and supersedes ALL previously issued certificates. PROTE24 OP ID: MO '4CORO CERTIFICATE OF LIABILITY INSURANCE FDATE(MMYY) 10/06/2022021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 877-242-9600 Central Insurance Agency, Inc. 93 East Main Street CONTACT Central Insurance Agency, Inc NAME PHONE 877-242-9600 FAX 877-243-8995 (A/C, No, Ext): (A/C, No): Smithtown, NY 11787 George Gavaris E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A : INSURED Protection America Inc. INSURER B : INSURER C : PPO#120313 21350 Nordhoff St # 104C Chatsworth, CA 91311 INSURER D United Financial Casual 11770 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSD UBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: X 71 PRO - POLICY LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ D AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X X 041698620 10/08/2021 04/08/2022 COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident) ccident $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Risk Mowgmenf Division <'j/44■*. 1',.` ReoEwm & APPROVED 13 W1 .I. FiJ_ ']afii �eerr¢ars ACORD 25 (2016/03) © 1988-2015 ACORD CC The ACORD name and logo are registered marks of ACORD PROTE24 OP ID: MO '4CORO CERTIFICATE OF LIABILITY INSURANCE DATE4/21/2021 /21 /21 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 877-242-9600 Central Insurance Agency, Inc. 93 East Main Street CONTACT Central Insurance Agency, Inc NAME PHONE 877-242-9600 FAX 877-243-8995 (A/C, No, Ext): (A/C, No): Smithtown, NY 11787 George Gavaris E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURERA: Employers Assurance Company 25402 INSURED Protection America Inc. PPO#120313 21360 Nordhoff St. INSURER B : INSURERC: Infinity Select Insurance Company 20260 INSURER D : #104C Chatsworth, CA 91311 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL INSD UBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS -MADE ❑ OCCUR PREMISES Ea occurrence $ MED EXP (Any oneperson) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO ❑ JECT LOC PRODUCTS - COMP/OP AGG $ $ OTHER: C AUTOMOBILE LIABILITY ANY AUTO X X 604610110722001 10/08/2020 10/08/2021 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE ccident Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/ R/EXECUTIVE EXCLUDED? OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A X EIG2562084-02 11 /06/2020 11 /06/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, its officers, employees, agents, and representatives are named as additional insured under the Commercial Auto Liability on this policy pursuant to written contract, agreement, or memorandum of understanding. Waiver of subrogation applies to the Workers Compensation per the attached endorsement. City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Risk Mowgmenf Division <'j/44■*. 1',.` ReoEwm & APPROVED 13 W1 .I. FiJ_ ']afii �eerr¢ars ACORD 25 (2016/03) © 1988-2015 ACORD CC The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description With respect to all employees subject to the workers' compensation laws of the state of California, any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This policy is subject to a minimum charge of $250 for the issuance of waivers of subrogation This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective 11/06/2020 Policy No. EIG 2562084 02 Issued to PROTECTION AMERICA INC Premium Countersigned at WC 04 03 06 (Ed. 4-84) at 12:01 AM standard time, forms a part of Of the EMPLOYERS ASSURANCE CO. Carrier Code 00919 Endorsement No. � ��,i nrvisiort o n B y: ReAEv/ED 6 APPROVED BY: AuthorizE A'I�Il ,]azi {wee caars l Risl(Manage tCieiial Aide © 1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights res r Pr ua o Insurance A Venture Pacific Insurance Company COMMERCIAL GENERAL LIABILITY COVERAGE WRITTEN ON: Occurrence Form Insured: Protection America Inc. Insurer: Burlington Insurance Company Policy Number: 398BG02530 COVERAGE LIMITS LIABILITY: General Aggregate Limit $2,000,000 Products/Completed Operations Aggregate Limit Included Personal/Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit - Any One Fire $100,000 Medical Expense Limit - Any One Person $10,000 Deductible Per Occurrence: $5,000 Premium Basis: Based on Annual Estimated Guard Payroll: $800,000 Initial X AA This General Liability policy is auditable: Audit will occur 30 to 60 days after the expiration. Claims & Loss History have no bearing on the audit process. Initial ) G�Ljj//��� ■.. REME.= W1Jll�t1.� %nu Y�Q�6 Risk Management CI a i-1 Aide Minimum Earned Premium 25% of Minimum Premium if cancelled within the 1st 90 days, otherwise Pro Rata (except for that portion of the premium shown in the policy as fully earned) Premium Subject to Audit: Premium Payment Terms: Premium Payment is due ENDORSEMENTS/EXCLUSIONS: Yes Premium is adjustable (with the exception of Flat Premium items) Based on a composite rate of: 93.7500 Per $1000 Payroll. Estimated Payroll: $ 800,000 Applies to: Exposure is subject to audit and will be calculated in accordance with ISO Commercial Lines Manual Rule 24. Basis of Premium. If the actual exposure is greater than the estimated exposure the insured will owe additional premium, unless otherwise specified in this quote. Annual Pay Down Payment: 100% Upon receipt of the premium accounting statement BG-G-004 03 17 Exclusion - Lead Substance BG-G-005 03 17 Exclusion - Punitive Damages BG-G-007 03 17 Exclusion - Asbestos, Silica BG-G-119 03 17 Definition - Employee BG-G-345 06 19 Condo or Tract Home Exclusion BG-G-446-ST 03 17 Amendment - Insuring Agreement CG 00 01 04 13 General Liability Coverage Form CG 20 01 04 13 Primary And Noncontributory CG 20 26 04 13 Addl Insured - Designated (Blanket Wording Applies) CG 21 32 05 09 Communicable Disease Exclusion CG 21 36 03 05 Exclusion -- New Entities CG 21 47 12 07 Employment Practices Exclusion CG 21 54 01 96 Exclusion - Designated Operations CG 21 67 12 04 Fungi or Bacteria Exclusion CG 21 86 12 04 Exclusion - EIFS rc;�k Beni nrvisiort 1, R"EwED 6 APPROVED BY: + laze P Rislc Management Cierir lAide CG 22 29 11 85 Exclusion - Property Entrusted CG 24 04 05 09 Waiver Of Rights Of Recovery (Blanket Wording Applies) D-2 01 20 California Surplus Lines Notice GSG-G-021 03 17 Exclusion - Intellectual Properties IFG-G-0002-DL 05 03 General Liability Declarations IFG-G-0052 03 17 Deductible Liability Insurance IFG-G-0086 04 19 Total Pollution Exclusion IFG-G-0093 03 17 Exclusion - Cross Suits NI v NI IFG-G-0105 03 17 Exclusion - Professional Liability I FG-G-0194 01 20 Excl-Confid Info & Comp Syst Liab IFG-G-0201 03 17 Exclusion - Aircraft, Auto Or Watercraft IFG-G-0240 03 17 Exclusion - Canines, Firearms, Or Incapacitating Devices IFG-I-0002 06 20 Policy Cover Page IFG-I-0101 03 18 Common Policy Declarations IFG-I-0140 10 02 Supplemental Schedule of Locations IFG-I-0150 03 03 Listing of Forms and Endts IFG-I-0152 09 09 Composite Rate Endorsement IFG-I-0155 11 00 Amendment - Cancellation Notice IFG-I-0168 03 17 Minimum Premium IFG-I-0408 01 17 CA Service of Suit Amendment IL 00 17 11 98 Common Policy Conditions IL 00 21 09 08 Nuclear Energy Liability Exclusion IL P 001 01 04 OFAC - Notice to Policyholder *More details applicable to the exclusions and/or limitations asterisked above are provided below: CG 21 54 01 96 - All locations where you perform or have performed work that is or was to be insured under a consolidated (wrap-up) insurance program as described below. Special Disclosure on Terrorism To Applicant: Under the Terrorism Risk Insurance Act, as amended (TRIA), the applicant has the right to purchase Terrorism coverage. Additional premium would be 5 % of the premium shown on Page 1 or $250, whichever is greater. The premium for Terrorism is flat, fully earned. Per Terrorism Risk Insurance Act, as amended (TRIA), the United States Government generally reimburses a share of losses caused by certified acts of terrorism. THIS IS TO ADVISE THE APPLICANT THAT THE TERRORISM RISK INSURANCE ACT, AS AMENDED, CONTAINS A $100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS' LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES YEAR EXCEEDS $100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS YOUR COVERAGE MAY BE REDUCED. 4� �1 ReAEwED 6 APPROVED BY. Risk Management ❑erir lAide