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HomeMy WebLinkAboutWATERWISEPRO TRAINING, LLCINSURANCE ON FILE N - 2 02 2 -12 9 WORK MAY PROCEED UNTIL INSURANCE EXPIRES `i •1% •23 CLERK OF COUNCIL DATE: MAY 12 2022 AGREEMENT TO PROVIDE TRAINING SERVICES THIS AGREEMENT is made and entered into this 16th day of September 2021 by and between WaterWisePro Training LLC, ("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"). (av)2 RECITALS � •.�A��t+t�ua> A. The City desires to retain a Consultant having special skill and knowledge in the field of providing State Water Resources Control Board's approved Water Treatment and Water Distribution training courses for use by the Public Works Agency. 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 contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Consultant shall perform the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services — Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit A. The total sum to be expended under the term of this Agreement, including any extension period, shall not exceed fifty thousand dollars and zero cents ($50,000.00). 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 that fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on September 15, 2023, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may Page 1 of 9 be extended for one 1-year period upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which 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. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by 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. 7. INSURANCE 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. Minimum Scope and Limit of Insurance Page 2 of 9 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non - owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. 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 $2,000,000 per claim with $2,000,000 in the aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 2. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Page 3 of 9 3. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. 4. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. 6. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the City. 7. Claims Made Policies (applicable only to professional liability): i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy, form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum offve (5) years after completion of work. 8. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. Page 4 of 9 The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 9. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, 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 Consultant or its subcontractors, agents, employees, or other persons acting on their 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 terns 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 Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. 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 Page 5 of 9 Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. 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. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: WaterWisePro Training LLC Page 6 of 9 PO BOX 772 Watsonville, CA 95077 Attn: Steve Hernandez A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized 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 on behalf of any party, which are not embodied herein. 15. 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 that are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 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. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. Page 7 of 9 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 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. 18. 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. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES 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 in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. Page 8 of 9 I b. All exhibits referenced herein and attached hereto shall be ijcorporated as if fidly 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. .., •/� �r� Ili APPROVED AS TO FORM SONIA R. CARVALHO City Attorney .Ll wr nd. :r, Deputy City Attorney RECOMMENDED FOR APPROVAL ,.,1,�,, 41-- Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA AP A I Kristine Ridg City Manager CONSULTANT Name: Steve He Title: Instructor Page 9 of 9 Exhibit A WWP WaterWisePro Training August 30, 2021 Attn: Kathia Reyes City of Santa Ana, Water Resources Department Re: Water Distribution Refresher Course Scope WaterWisePro Training will provide an onsite operator for City of Santa Ana Staff at a City facility or WaterWisePro Training hosted location, on a date TBD. The course will benefit both, employees preparing for the California SWRCB Water Distribution or Treatment Exams, Grades 1-5, and those that are in need of SWRCB contact -hours. The cost for a an 8-hr. D1-5 Distribution or T1-5 Treatment Exam Prep Course is $225/person per day, with a minimum of 20 attendees. It is recommended that Courses scheduled for exam preparation are at least 2-4 days (16-32 contact hours). Course Includes: • 1-day (8-hr.) Water Distribution Refresher Course • 100-page WWP study manual • 6-month access to WaterWisePro Online Exam Prep Course • Up to 16-contact hours for SWRCB renewal credit • Lunch and refreshments for both days • There is No charge for travel Additional Cost: If WaterWisePro hosts the Course location at an offsite location, the cost per day is approximately $2,500/day for up to 20 attendees. Qualified Trainer: The course will be conducted by Steve Hernandez, a 21-year water professional with 13-years in management and possessing a D5/T4 certification and currently the Utility Services Superintendent at Jurupa Community Services District. I have taught over 5,000+ operators through my courses in the past five years. My teachings will be energetic, informative and up to date, so that everyone can relate to and feel comfortable engaging in. My classes have an 85-90% passing rate on all grade levels (D1-5 & T1-5) that attend the courses. If there are any about the above information, please contact us. Thank you in advance for this training opportunity, we look forward to building a positive relationship with you and your staff. Sincerely, Steve Hernandez WaterWisePro Training (831)750-9113 steve(a)waterwisepro. com Angie Digitally signed by Angie Acevedo Date: 2022.04.26 ACOR& CERTIFICATE OF LIAM-15 M'5UR NCE 13:00:18 -0 '00ATE(MMmDrYYY) `/ 04/14/2022 THIS CERTIFICATE O S OHULUER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements . PRODUCER CONTACT Hiscox Inc. d/b/a/ Hiscox Insurance Agency in CA PHONE (880) 202-3007 FA_ NP: 520 Madison Avenue n�LDORE53. contact@hiscox.com Qhl$COX.Com 32nd Floor NEW York, New York 10022 INSURERS t AFFORDING COVERAGE NAICX INSURERA: Hiscox Insurance Company Inc 10200 INSURED INSURERS, Steven Hernandez DBA Water Wise Pro 1521 Memorial Drive INSURERC: INSURERD: Apt. C Hollister, CA 95023 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 TYPE OF INSURANCE IL SUB POLICY NUMBER MMIDpY EFF YYYI M POLICY UP LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMShNOE OCCUR EACH OCCURRENCE DAMAGE TO RENTED PREMISES i a0cmnenre _$_. 2000OU0 s 100,000 MED UP (Any one peraai) s 5,000 PERSONAL&ADV INJURY s 2,000,000 A Y Y P100.211.930.6 044/1M022 0,111812023 GEN'LAGGREGATE LIMIT APPLIES PER: � R X POLICY r`JI JPEC0. IT all LOC GENERALAGGREGATE $ 2,000,000 PROOUCTB-COMPATPAG6. S SR Gen-Agg, $ OTHER: AUTOMOBILELUIBIUTY COMBINEDSINGLE INGLELMIT $ ANYAUTO BODILY INJURY IRK person) E ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY PeractldeM ( ) E NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Paraodd.rt $ IS UMBRELLALMB OCCUR j EACH OCCURRENCE — E EXCESS Me CLAIMSALAOE IAGGREGATE $ DED RETENTIONS IS WORKERS COMPENSATION AND EMPLOYERSDAIUTY YIN ANYPROPRIETOR,PARTNERIF..XECUTNE OFFICERIMEMBEREXCLUDED? ❑ NIA I PER OTH6 I STATUTE ER L EEACH ACCIDENT $ EL DISEASE -EA EMPLOYEE IS tMan"M In NH) N yes, d.s be under EL DISEASE -POLICY LIMIT Is DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS IWMCLES (ACORD 101, AddNlonel Remarks Schedule, may be anacbed X more spe.ls required) The City of Santa Ana it's officers, officials, employees and volunteers are to be covered as additional insured on the CGL policy with respect to liability arising out of work or operations performed by or On behalf of the Contractor including materials, parts, or equipment furnished in Connection with such work or operations. The Consultant hereby grants to Grantee a waiver of any right to subrogation which any insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that maybe necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The 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 CI ACORD 25 (2016103) The AC ORD name and logo are registered marks of ACORD ItbkMaregemoUD[Wim REVIEV/EOfi MPRov®BY: A+� AdwY4(d ��� RBk rAamgemen[Specialis[ Otto HISCOX Policy Number: P100.211.930.6 Named Insured: Steven Hernandez DBA Water Wise Pro Endorsement Number: 22 Endorsement Effective: 04/18/2022 Hiscox Insurance Company Inc. 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 Persons Or Organization(s) The 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. Section 11 — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) 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 omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Properties, Inc., 2004 ` 4 �twwa' Rkk Mvwgm=dDW[a, ItEVIEY/lD 6 APPROV®8Y: A+�:r Rcaado RKk Management Speagmt Am HISCOX Policy Number: Named Insured: Endorsement Number: Endorsement Effective: P100.211.930.6 Steven Hernandez DBA Water Wise Pro 15 04/18/2022 Hiscox Insurance Company Inc. 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 A. 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, pro- vided: 1. you have agreed in a written contract or agreement to add such additional insured to a policy providing the type of coverage af- forded by this policy; and 2. you have agreed in a written contract or agreement with such additional insured that this insurance would be primary and would not seek contribution from any other insur- ance available to the additional insured. CGL E5581 CW (03/16) Includes copyrighted material of Insurance Services Office, Inc., with its permission ,77 RIskMwagemailDMs1Dn "� REVIEV/m6APPROVEDBY.' A+ ju AC444 ®' Risk Management Spenabst Am HISCOX Policy Number: P100.211.930.6 Named Insured: Steven Hernandez DBA Water Wise Pro Endorsement Number: 7 Endorsement Effective: 04/18/2022 Hiscox Insurance Company Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to include as an additional insured any per- son(s) or organization(s) for whom you are performing operations or leasing a premises when you and such person(s) or organize- tion(s) have agreed in writing in a contract or agreement that such person(s) or organize- tion(s) be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to lia- bility 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 opera- tions, or 2. In connection with your premises owned by or rented to you. A person's or organization's status as an addi- tional insured under this endorsement ends when your operations or lease agreement for that additional insured are completed. CGL E5421 CW (02/14) Includes copyrighted material of Insurance Services Office, Inc., with permission. I.'`�j� RlekMkrmgemmtUhveum ' RentwmnMReovm Br ® Ruk Management Spetlalut WaterWisePro Training April 25, 2022 City of Santa Ana Risk Management 20 Civic Center Plaza Santa Ana, CA 92702 Re: Professional Liability (Errors & Omissions) WaterWisePro Training LLC will not hire a consultant or professional during the time under contract with the City of Santa Ana. Sincerely, Rosana Lomeli Founder WaterWisePro Training LLC (831) 750-9113 '_, www.waterwisepro.com _ ) rosanaCa7waterwisepro com Rule MawpumtMisian Ren & APPRO BY: A„A�W Risk Management Speaa ist WaterWisePro Training April 25, 2022 City of Santa Ana Risk Management 20 Civic Center Plaza Santa Ana, CA 92702 Re: Auto Insurance Requirement WaterWisePro Training LLC has the intent to enter an agreement with the City of Santa Ana. Throughout the course of this agreement, WaterWisePro Training LLC attests to the following: WaterWisePro Training LLC, will not use /drive any vehicle during the course and scope of the services provided in the agreement /contract WaterWisePro Training LLC, will not use not use any owned /rented / leased vehicles during the course and scope of the services provided in the agreement /contract WaterWisePro Training LLC, consultants /independent contractors /employees utilize their personal vehicles /non -company owned, borrowed, or rented /leased vehicles for transportation to and from work and if applicable carry their own automobile insurance. By signing below, I, Rosana Lomeli attest that I possess the legal authority to enter into an agreement with the City of Santa Ana as well as the legal authority to attest to the statements above. If at any time it is found that WaterWisePro Training LLC is not adhering to any /all statements in this document and has not provided the minimum Auto Liability insurance coverage of $1 million per occurrence, the contract will be considered null and void and the company will be held liable for any and all damages. Sincerely, 1461a�na Lomeli Founder WaterWisePro Training LLC (831) 750-9113 www.waterwisepro com rosanaawaterwisepro com �\ Risk Mmm9madD[winn REMMED & AP ROV® BY: 4gu Aaw4 �' Risk Management SpeaNist CITY OF SANTA ANA RISK MANAGEMENT a dtrwuee 4 HUMAN RESOURCES Ma 09N Rts9c &vL%* POMM Orange WORKERS' COMPENSATION DECLARATION I, gOSgh4 lMA/ hereby affirm under penalty of perjury, the (Nome/Title) following declaration: I certify on behalf of uVgfi�rvyii r0 Tromim4 that during the term (Consultant/Company Name) of my contract for trgi n i nq services with the City of Santa Ana, (Type of service provided) I will not employ any person in any manner so as to become subject to the workers' compensation laws of California, and agree that if I should become subject to the workers' compensation provisions of Section 3700 of the Labor Code, I shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. Date: 4' 1 1 Z'7- Print Name: gpsona Lomeli Print Title: -AlUh4 Signature: 44d Telephone: p3J_W-g W' WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECTAN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSAND DOLLARS ($100,000). IN ADDITION TO THE COST OF COMPENSATION, DAMAGES AS PROVIDED FOR IN SECTION 3706 OF THE LABOR CODE, INTEREST, AND ATTORNEY'S FEES. l: kRisk Mgmt�lnsurance Requiremental WC Declaration 08152019 RIAMV g.n dDivisim RVIEWtD6 APPRO BY: A+.�g Au*44 �, Risk Management Speoa st NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Water Wise Pro Name: Project N-2022-129 Number: Project Agreement To Provide Training Services - Water Wise Pro Name: The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: POLICY EXPIRATION TYPE OF INSURANCE COI DATE FILE NAME NUMBER DATE AUTOMOBILE LIABILITY WAIVER 05/01/2024 05/16/2023 IMG-1979.pdf GENERAL LIABILITY P1002119307 04/18/2024 05/01/2023 SantaAna23’.pdf PROFESSIONAL LIABILITY WAIVER 05/01/2024 05/16/2023 IMG-1979.pdf WORKERS COMPENSATION AND WAIVER 05/01/2024 05/16/2023 IMG-1979.pdf EMPLOYERS' LIABILITY Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 5/16/2023 11:50 AM