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HomeMy WebLinkAboutMARTINEZ, LUIS RAUL (2)INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 12.11D1102Z. CLERK OF COUNCIL DATE n 1 3 2022 A-2022-147 S E AGREEMENT WITH LUIS MARTINEZ TO PROVIDE COUNSELING SERVICES 0: PoiiG2 (Tait Admin MQnri9,v¢z)(0Z)at THIS AGREEMENT, made and entered into this l9th day of July, 2022, by and between Luis Martinez (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of counseling and/or instructional services encompassing the fields of anger management, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills/family issues and community resources to the inmates housed at the Santa Ana City Jail. 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 he is knowledgeable in his 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 and City shall perform those services as set forth in Exhibit A to this Agreement, which include counseling and/or instructional services to inmates in the areas of anger agreement, stress reduction, conflict management/resolution, domestic violence avoidance, chemical dependency, life skills/family issues and community resources. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for services an hourly rate of sixty-five dollars ($65.00) for all scheduled instructional and counseling sessions. The total sum to be expended shall not exceed $120,000 during the term of this Agreement. b. City shall compensate Consultant for services provided from July 1, 2022 through the effective date of the Agreement detailed above. c. Payment by City shall be made within thirty (30) 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, '91MEWWRT This Agreement shall commence on the date first written above and terminate on June 30, 2025 unless terminated earlier in accordance with Section 12, below. 4. 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. 5. 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. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following 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 bothCG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance 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. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which 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 waiver of 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. Acceptability oflnsurers 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 ANII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. 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 of five (5) years after completion of contract work. 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 required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 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. 6. INDEMNIFICATION Consultant agrees to 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 direct or indirect operations of the Consultant or its contractors, 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 terms of or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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. 8. 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. 9. 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 telefaesimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric 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: Santa Ana City Jail — Contract Services Supervisor City of Santa Ana 20 Civic Center Plaza M-88 P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-8116 To Consultant: Luis Martinez 301 West 2nd Street, #241 Santa Ana, CA 92701 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 telefacsimile, 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement 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 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 nor 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. 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 are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement maybe terminated by the City with or without cause 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 City Manager 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. 13. 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. 14. 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. 15. 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 A-2022-147 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. 16. MISCELLANEOUS PROVISIONS 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: 4-/Clerk of the APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: ftk==�— Tamara Bogosian Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: (]D ALENTIN Chief of Police CITY OF SANTA ANA C6L 1 — tc,� KRISTINE RIDGE City Manager CONSULTANT us Ma inez i EXHIBIT A SCOPE OF SERVICES 1. CITY'S Responsibilities: The CITY shall provide the following assistance to CONSULTANT: a. Identify a contact person who shall be responsible for scheduling and coordinating the services to be provided by CONSULTANT. The subject matter, the number of hours and the scheduling of hours shall be at the sole discretion of the CITY. b. Schedule and record CONSULTANT'S time worked during meetings, instruction and counseling sessions. c. Provide an adequate facility that will allow CONSULTANT to perform the services required under this agreement in an efficient and timely manner. d. Provide prompt notice to the CONSULTANT whenever the CITY observes or otherwise becomes aware of any defect in the services provided under the terms of the agreement. 2. CONSULTANT'S Responsibilities: CONSULTANT shall provide the following services to CITY: a. Deliver instructional and/or counseling services in the following program areas to selected inmates: (1) anger management (2) stress reduction (3) conflict management/resolution (4) domestic violence (5) chemical dependency (6) life skills/family issues (7) community resources b. Coordinate with CITY staff to facilitate delivery of program material. c. Collect specific diagnostic and statistical information regarding inmates in attendance and program material. d. Assign inmates tasks to perform and goals to reach in relation to the program material. e. Provide inmates in attendance with referrals to other agencies and community resources that can provide additional instruction and/or counseling as follow-up to the program material already delivered. HEALTHCARE PROVIDERS SERVICE E PSQ ORGANIZATION PURCHASING GROUP r Digitally signed by.,L A (feitif Late of 111q xia�ue Tori Piersor ,'Ief— OCCURRENCE PROFESSIONAL LIABILITY POLICY FORM Date: 2022.08.0211: 9;58 -oy'00- Print Date: 7/20/2022 The application for the Policy and any and allsupplementary information, materials, and statements submitted therewith shall I be maintained on file by us or our Program Administrator and will be deemed attached to and incorporated into the Policy as I if physically attached. I PRODUCER BRANCH PREFIX POLICY NUMBER POLICY PERIOD 018098 970 HPG 0697816243 From: 12/10/21, to 12/10/22 at 12:01 AM Standard Time Named Insured and Address: Program Administered bv: Luis Martinez 301 W 2nd St Apt 241 Santa Ana, CA 92701-5295 Medical specialty: Alcohol/Drug Counselor Excludes Cosmetic Procedures 80723 Healthcare Providers Service Organization 1100 Virginia Drive, Suite 250 Fort Washington, PA 19034 1-800-982-9491 www.hpso.com Insurance Provided by: American Casualty Company of Reading, Pennsylvania 151 N. Franklin Street Chicago, IL 60606 Professional Liability $ 1,000,000 each claim $ 3,000,000 aggregate Your professional liability limits shown above Include ththe following: * Good Samaritan Liability * Malplacement Liability * Personal Injury Liability * Sexual Misconduct Included in the PL limit shown above subject to $ 25,000 aggregate sublimit Coverage Extensions License Protection $ 25,000 per proceeding $ 25,000 aggregate Defendant Expense Benefit $ 1,000 per day limit $ 25,000 aggregate Deposition Representation $ 10,000 per deposition $ 10,000 aggregate Assault $ 25,000 per incident $ 25,000 aggregate Includes Workplace Violence Counseling Medical Payments $ 25.000 per person $ 1 D0,000 aggregate First Aid $ 10,000 per incident $ 10,000 aggregate Damage to Property of Others $ 10,000 per incident $ 10,000 aggregate Information Privacy (HIPAA) Fines and Penalties $ 25,000 per incident $ 25,000 aggregate Media Expense $ 25,000 per incident $ 25,000 aggregate General Liability General Liability $1,000,000 each claim / $2,000,000 aggregate Fire & Water Legal Liability Included In the GL limit shown above subject to $250,000 aggregate sublimit Personal Liability $1,000,000 aggregate Total $ 465.00 Base Premium $465.00 Premium reflects Self Employed , Part Time Policy Forms and Endorsements (Please see attached list of policy forms and endorsements) Chairman of the card Secretary Keep this Certificate of Insurance In a safe place. It and proof of payment are your proof of coverage. There Is no coverage in force unless the premium is paid in full. To activate your coverage, please remit premium in full by the effective date of this Certificate of Insurance. Coverage Change Date: Endorsement Date: 7/19/2022 Masi r� i nawsvreo&tuvuweosv: _ CNA93692 (11-2018) iS jF1 7764 ;Dlrndm O Copyright CNA All Rights Reserved. _ rsuaxun a octane,: ode POLICY FORMS & ENDORSEMENTS The following are the policy forms and endorsements that apply to your current professional liability policy. COMMON POLICY FORMS & ENDORSEMENTS FORM # G-121500-D (04-08) G-121501-C1(07-01) CNA94164 (11-18) G-145184-A (06.03) G-147292-A (03-04) GSL15563 (02-10) GSL15564 (10-09) GSL15565 (03-10) GSL17101 (02-10) GSL13424 (05-09) CNA80051 (09-14) CNA80052 (10-14) G-123846-D04(07-01) CNA81753 (03-15) CNA81758 (01-21) CNA82011 (04-15) CNA89027 (10.17) CNA79575 (07-14) CNA89026 (05-17) G-121504-C (07-01) G-123828-B (07-01) G-141231-A (07-01) FORM NAME Common Policy Conditions Occurrence Policy Form - California Amendment Definition of Claim Endorsement Policyholder Notice - OFAC Compliance Notice Policyholder Notice - Silica, Mold & Asbestos Disclosure Information Privacy Coverage Endorsement HIPAA Fines, Penalties & Notification Costs Sexual Misconduct Sublimits of Liability Professional Liability & Sexual Misconduct Exclusion Healthcare Providers Professional Liability Assault Coverage Exclusion of Specified Activities Reuse of Parenteral Devices and Supplies Services to Animals Amended Definition of Personal Injury Endorsement Distribution or Recording of Material or Information in Violation of Law Exclusion Endorsement California Cancellation and Non -Renewal Coverage & Cap on Losses from Certified Acts Terrorism Notice - Offer of Terrorism Coverage & Disclosure of Premium Related Claims Endorsement Entity Exclusion Endorsement Exclusion of Cosmetic Procedures )Additional Insured General Liability Media Expense Coverage General Liability Form Certificate Holder Additional Insured Healthcare Entity PLEASE REFER TO YOUR CERTIFICATE OF INSURANCE FOR THE POLICY FORMS & ENDORSEMENTS SPECIFIC TO YOUR STATE AND YOUR POLICY PERIOD. For NJ residents: The PLIGA surcharge shown on the Certificate of Insurance is the NJ Property & Liability Insurance Guaranty Association. For KY residents: The Surcharge shown on the Certificate of Insurance is the KY Firefighters and Law Enforcement Foundation Program Fund and the Local Tax is the KY Local Government Premium Tax. As required by 806 Ky. Admin Regs. 2:100, this Notice is to advise you that a surcharge has been applied to your insurance premium and is separately itemized on the Declarations page or billing instrument attached to your policy, as required KRS. §136.392, For WV residents: The surcharge shown on the Certificate of Insurance is the WV Premium Surcharge. For FL residents: The FIGA Assessment shown on the Certificate of Insurance is the FL Insurance Guaranty Association - 2012 Regular Assessment. Form #:CNA93692 (11-2018) Master Policy #: 188711433 Named Insured: Luis Martinez Policy #: 0697816243 0 Copyright CNA All Rights Reserved. e Wpk Mv��kDMdw� (iEV IflVED b APPRd.� 9Y: aax Marwgenm� nm�,i aa� HEALTHCARE PROVIDERS GENERAL LIABILITY COVERAGE PART ENDORSEMENT Additional Insured — General Liability In consideration of the premium paid, and subject to the General Liability limit of liability shown on the certificate of insurance, it is agreed that the GENERAL LIABILITY COVERAGE PART is amended as follows: The person or entity named below (the "additional insured") is an insured under this Coverage Part but only as respects its liability arising out of named insured's operations, or premises owned by or rented by the named insured and solely to the extent that: 1. a general liability claim is made against the named insured and the additional insured; and 2. In any ensuing litigation arising out of such claim, the named insured and the additional insured remain as co-defendants. In no event is there any coverage provided under this policy for an occurrence that is the direct liability of the additional insured. Additional Insured: CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA SANTA ANA CA 92702 This endorsement Is a part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below. All other provisions of the policy remain unchanged. Must Be Completed ENDT. NO. I POLICY NO. 1 697816243 Complete Only When This Endorsement Is Not Prepared with the Policy_ Or Is Not to be Effective with the Policy LUIS MARTINEZ G-123827-B (07/2001) AMERICAN CASUALTY COMPANY OF READING, PA 12/1 Ataneg�nmtrnvlrtnn —t 3 At�nNm1&}{vPXWmeK � 7orG �triwa�a = —flnli Ma 9 nzn61 imlglde = HEALTHCARE PROVIDERS aRnFFRSIONAL LIABILITY COVERAGE PART ENDORSEMENT Additional Insured — Healthcare Professional or Entity In consideration of the additional premium paid, and subject to the Professional Liability limit of liability shown on the certificate of insurance, it is agreed that the PROFESSIONAL LIABILITY COVERAGE PART is amended as follows: The person or entity named below (the "additional Insured") is an insured under this Coverage Part but only as respects its liability for your medical incidents and solely to the extent that: 1. a professional liability claim is made against you and the additional Insured; and 2. in any ensuing litigation arising out of such claim, you and the additional insured remain as co- defendants. In no event is there any coverage provided under this policy for a medical incident that is the direct liability of the additional insured. Additional Insured: CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA 4TH FLOOR SANTA ANA CA 92072 This endorsement Is a part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below. All other provisions of the policy remain unchanged. Must Be Completed Complete Only When This Endorsement Is Not Prepared with the Policy Or is Not to be Effective with the Policy ENDT. NO. POLICY NO. ISSUED TO ENDORSEMENT EFFECTIVE DATE walntonaRR 1 697816243 LUIS MARTINEZ 12/102 4. RLVIE &�AyPPRW ft RukMar,agenxn[CleiialAitle G-141231-A (07/2001) — HEALTHCARE PROVIDERS GENERAL LIABILITY COVERAGE PART OCCURRENCE THIS IS AN OCCURRENCE COVERAGE PART AND, SUBJECT TO ITS PROVISIONS, APPLIES ONLY TO ANY CLAIM WHICH IS THE RESULT OF INJURY OR DAMAGE THAT OCCURRED ON OR AFTER THE EFFECTIVE DATE OF COVERAGE, AND BEFORE THE EXPIRATION OF THE POLICY PERIOD STATED ON THE CERTIFICATE OF INSURANCE. CLAIM EXPENSES ARE IN ADDITION TO THE LIMIT OF LIABILITY. I. COVERAGE AGREEMENT A. GENERAL LIABILITY Subject to paragraph B below, we will pay all amounts, up to the General Liability limit of liability stated on the certificate of insurance, which you become legally obligated to pay, including host liquor liability and products liability, as a result of injury or damage to which this coverage part applies. We will also pay claim expenses. The injury or damage must be caused by an occurrence that happens anywhere in the world, Including the workplace during the policy period. B. FIRE & WATER LEGAL LIABILITY With respect to the named insured's legal liability for damage to property in which the named insured does not have a financial interest or own, caused by: 1, fire; 2. discharge, leakage or overflow of water or steam from a plumbing, heating, refrigeration or air conditioning system; or 3. rain which enters directly into the building through open doors, windows, skylights, transoms or ventilators; we will pay up to $250,000 provided that the named insured does not assume liability under a contract or agreement greater than is imposed by law. The damage must be caused by an occurrence that happens anywhere in the world, including the workplace, during the policy period. C. PERSONAL LIABILITY Where the named insured is a natural person, we will pay all amounts, up to the Personal Liability limit of liability stated on the certificate of insurance, that the named insured becomes legally obligated to pay for Injury or damage as a result of a personal liability claim. The injury or damage must be caused by an occurrence that happens at named Insured's residence and arises out of named Insured's non -business activities. This coverage shall not apply to damage to property the named insured owns, rents, occupies or uses, or which is in the named insured's care, custody or control. Coverage for personal liability claims will only apply if the named insured is a natural person with no employees. II. DEFENSE AND SETTLEMENT We have the right and duty to defend any claim. We will: A. do this even if any of the charges of the claim are groundless, false or fraudulent; B. investigate and settle any claim as we feel appropriate. Our payment of the limit of liability ends our duty to defend or settle. We have no duty to defend any claims not covered by this Coverage Part. G-121504-C (7/2001) ., wnt�+�ugaamro�a ' �4} kFteHek&NTewQ58r. _ '7ati iT�lvwaa III. ADDITIONAL DEFINITIONS For purposes of this coverage part only, words in bold have the meaning set forth below: "Host Liquor Liability" means injury or damage arising out of the giving or serving of alcoholic beverages at functions incidental to your business providing: 1. you are not engaged in the business of manufacturing, distributing, selling or serving of alcoholic beverages; or 2. there has not been an intentional violation of any statute, regulation or ordinance relating to the sale, gift, distribution or use of alcoholic beverages, committed by you, or at your direction. "Injury" means bodily injury, sickness, disease, mental or emotional distress sustained by a person, or death. "Insured Contract" means: 1. a lease of business premises; 2. a sidetrack agreement; 3. an easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad; 4. an obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; 5. an elevator maintenance agreement; or 6. that part of any other contract or agreement pertaining to the named insured's business, including an indemnification of a municipality in connection with work performed for a municipality, under which the named insured assumes the tort liability of another party to pay for injury or damage to a third party if the contract or agreement is made prior to the injury or damage. "Insured Contract" does not mean that part of any contract or agreement: 1. that indemnifies any entity for injury or damage arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass or crossing; 2. that indemnifies an architect, engineer or surveyor for injury or damage arising out of: a. preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or b. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or 3, that Indemnifies any entity for damage by fire to business premises rented or loaned to the named insured. "Occurrence" means an accident, including continuous or repeated exposure to conditions, which results in Injury or damage. "Personal liability claim" means a claim arising out of injury or damage to a third party that happens at the named insured's personal residence and arises out of non -business activity. "Product" means: 1. any healthcare goods or items manufactured or modified by: a, the named insured; or b, others trading under the named Insured's name; or c. an entity whose business or assets the named insured has acquired; or 2. containers (other than vehicles), materials, parts or equipment furnished healthcare goods or items. w.tMwkix S� LL REVIEWEO6 Rvfxwma'r. �PSd r^ldWPtb G-121504-C (7/2001) reaktiu a" a iaac "Product" does not include real property, or any goods and items that the named insured sells. "Products Liability" means Injury or damage caused by a product. "You" or "Your" means the named insured and, if the named insured is not a natural person: 1. any individual who, during the policy period, is or becomes a partner, officer, director, stockholder - employee, manager, member or employee of the named insured, but only while acting within the scope of their employment by the named insured; or 2. any Individual who, during the policy period, is or becomes a substitute health care provider, other than a physician, dentist, nurse anesthetist, nurse mid -wife, chiropractor, self-employed periusionist, or podiatrist, that the named insured contracts with, but only while acting within the scope of their employment by the named insured; or 3. any individual previously affiliated with the named insured as its partner, officer, director, stockholder - employee, manager, member or employee but only while acting within the scope of their employment by the named insured, during the course of such employment. IV. EXCLUSIONS We will not defend any claim for, or pay any amounts, including claim expenses, based on, arising out of, or related to: A. injuryto: 1, an employee of the named insured arising out of and in the course of employment by the named insured; or 2. a family member of that employee as a consequence of 1 above; or 3. the named insured's family member. This exclusion applies: 1. whether the named insured may be liable as an employer or in any other capacity; and 2. to any obligation to share amounts with or repay someone else who must pay amounts because of the injury or damage; B. amounts which the named insured or any party must pay under any unemployment or workers' compensation, disability benefits, or other similar law; C. injury or damage resulting from any professional services, placement services or personal injury; D. any liability the named insured assumes under any contract or agreement, other than an insured contract. This exclusion does not apply to: 1. liability the named insured assumes under a contract with a Health Maintenance Organization, Preferred Provider Organization, Independent Practice Association, or any other similar organization; but only for such liability as is attributable to your alleged negligence; or 2. a warranty of fitness or quality of any therapeutic agents or supplies the named insured has furnished or supplied in connection with treatment you have performed; E. any liability you have for a business or profession, including consulting services, other than that named on the certificate of insurance; F. injury or damage resulting from an occurrence which is also a willful violation of a statute, ordinance or regulation imposing criminal penalties. We will defend any civil suit against you seeking amounts that would be covered If this exclusion did not apply. In such case, we will pay only claim expenses related to such defense; G. injury or damage for which you may be held liable as a result of: 1. causing or contributing to the alcoholic beverage Intoxication of any person; or = �% flEvipswm&NeawwBv�. 7ari �rrzaa=i G-121504-C (7/2001) -"aarW. 9MM,amMiwde r 2. furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; This exclusion does not apply to host liquor liability; H. injury or damage based upon, arising out of, directly or indirectly resulting from, in consequence of, or in any way involving you owning, using, taking care of, operating, leasing or renting, loading or unloading of patients or property from, transporting patients in, or entrusting to others an auto, mobile equipment, watercraft or aircraft, including an auto, mobile equipment, watercraft or aircraft which is loaned to the named insured or which is operated for the named insured by it's employee, including an employee -owned auto; I. loss, under any circumstances, due to nuclear reaction, radiation, or contamination, regardless of cause; J. the return or withdrawal of fees or government payments imposed directly upon you; any fines, penalties or sanctions; punitive or exemplary amounts; or the multiplied portion of any multiplied award, imposed by law; K. injury or damage you expected or intended, or which a reasonable person would have expected. This exclusion does not apply to injury or damage resulting from the use of reasonable force to protect persons or property; L. any claim arising out of actual or alleged involvement in any: 1. federal or state anti-trust law violation; or 2. agreement or conspiracy to restrain trade•, M. any loss, cost or expense: 1. which would not have happened, in whole or in part, but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time; or 2, arising out of any: a. claim or suit by or on behalf of a governmental authority for amounts because of testing for, monitoring, cleaning up, containing, treating, detoxifying or neutralizing, or In any way responding to, or assessing the effects of pollutants; or b. request, demand or order that you or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; N. any loss, cost or expense arising out of, relating to, or involving the actual, alleged or threatened exposure at any time to asbestos; or that may be awarded or incurred: 1. by reason of a claim or suit relating to asbestos; or 2. in complying with a governmental directive or request to test for, monitor, clean up, remove, contain, or dispose of asbestos; O. damage to property you own, rent or occupy, hold for sale, or which has been given to you for storage or safekeeping except to the extent coverage would apply under Section I, paragraph B, Fire & Water legal liability; P. loss of use of tangible property which has not been physically damaged if: 1. a delay in or lack of performance has been caused by or on your behalf under any contract or agreement; or 2. products or work completed on the named insured's behalf do not meet the standards the named Insured has warranted or represented; We will cover loss of use of tangible property if: 1. the loss results from a sudden and accidental physical damage to or destruction of products or work completed by or on the named insured's behalf; and 2. products or work has been put to use by a person or organization other than the Fr °nw e�R.IdtM'^°yLn^alikDhidcn F� �(�yIEnLE1J &.nMPRfN6ABY: � lkYl y�lGNlQPF t G-121504-C (7/2001) rsamm.,.w� rcimciax Q. damage to property while on the business premises to have operations performed on the property by or on the named insured's behalf; R. damage to tools or equipment while being used to perform operations; S. damage to property in your custody which you are to install, erect or use in any construction; T. damage to any property away from the business premises: 1. upon which you or someone on your behalf is performing operations at the time the damage occurs; or 2. which must be restored, repaired or replaced because of faulty workmanship by or on your behalf; U. injury or damage on leased business premises: 1. after the named Insured ceases to be a tenant of the leased business premises; or 2, for structural alterations, new construction or demolition operations performed by or for the owner of the business premises. V. any act of sexual intimacy, sexual molestation or sexual assault. We shall provide you with a defense of such claim unless or until such act has been determined to have occurred, by any trial verdict, court ruling, regulatory ruling or legal admission, whether appealed or not. Such defense will not waive any of our rights under this Policy. Criminal proceedings are not covered under this Policy regardless of the allegations made against you; W. any direct or consequential injury or damage arising out of any: 1. refusal to employ; or 2. termination of employment; or 3, coercion, demotion, reassignment, defamation, harassment, humiliation, discrimination or other employment related practices, policies, act or omissions; X. by or on behalf of you against any other of you. V. LIMIT OF LIABILITY A. Each Occurrence The limit of liability stated on the certificate of insurance for each occurrence, is the limit of our liability for all injury or damage arising out of, or in connection with the same occurrence. This limit applies regardless of the number of persons or organizations who are covered under this policy. B. Aggregate Subject to provision A. above, the total limit of our liability for all injury and damage shall not exceed the limit of liability stated on the certificate of insurance as aggregate. The aggregate limit of liability applies to each policy period for all occurrences for which claims are made. C. Claim expenses are in addition to the limit of liability. VI. DUTIES IN THE EVENT OF AN OCCURRENCE, OFFENSE OR CLAIM The named Insured must notify us, or our program administrator, in writing, as soon as practicable, of an occurrence, an offense which may result in a claim, or a claim. To the extent possible, notice should include: A. How, when and where the occurrence, offense or claim took place; B. The names and addresses of any injured persons or witnesses; and C. The nature and location of any injury or damage arising out of the occurrence, offense or claim. G-121504-C (712001) R�IO&ar«v enak Dh %rG �G°rtaaei '---Til,Ma�Idpenx�MCltrir.�INdt DranPPRRInNAI I IARILITY INSURANCE ENDORSEMENT Agreement to Provide Notice of Cancellation In consideration of the premium paid, it is agreed that if the policy to which this endorsement is attached is cancelled before the expiration date, we will endeavor to mail notice to the person or entity named below. However, failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. Person or Entity Name and Address: CITY OF SANTA ANA RISK MANAGEMENT DIVISION 20 CIVIC CENTER PLAZA 4TH FLOOR SANTA ANA CA 92072 This endorsement is a part of your policy and takes effect on the effective date of your policy, unless another effective date is shown below. All other provisions of the policy remain unchanged. Must Be Completed ENDT. NO. POLICY NO. 1 697816243 G-123828-B (7/2001) MARTINEZ to be with �• xiskM,n,gmu,itDlAela. [�. RenevEo6 APPRINmBr: R6IaM1 `vgenpn<IerlulNde CITY DP SANTA ANA RISK MANAGEMENTa 0,eu a odHUMAN RESOURCES - ManagIng Risk mmmLtr Postgve Change , N, 1� WORKERS' COMPENSATION DECLARATION I, Luis R. Martinez (Name/Title) following declaration: hereby affirm under penalty of perjury, the I certify on behalf of Luis R. Martinez that during the term (Cansultant/Company Name) of my contract for Mental Health counseling _ services with the City of Santa Ana, (Type of service provided) I will not employ any person in any manner so a.s 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 provisionsand provide proof of workers' compensation coverage immediately. Date: March 15, 2022 Print Name; Luis R. Martinez Print Title: Mental Health Counselor Signature: ` — " f /�". y._-..e_ Telephone: 114 469-401 WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN 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. k�Rlsk MgmtjInsurance RequirementslWC 0edaration 08152019 x�.vw„,rixaaon " il�}IYI "7oai �irrwa�c March 15, 2022 City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana, CA 92702 Re: Auto Insurance Requirement Dear City of Santa Ana Risk Management Division: [Company Name] has intent to enter into an agreement with the City of Santa Ana, Throughout the course of this agreement, [Company Name] attests to the following: 1. Luis R. Martinez will not use/drive any vehicle during the course and scope of the services provided in the agreement/contract. 2, Luis R, Martinez will not use any owned/rented/leased vehicles during the course and scope of the services provided in the agreement/contract 3. Luis R. Martinez consultants/independent eontraetors/employees utilize their personal vehicles/non-company awned, borrowed, or rented/leased vehicles for transportation to and. from work and if applicable carry their own automobile insurance. By signing below, I, Luis R. Martinez 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 Luis R, Martinez 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 fully liable for any and all damages. �L uik R, Martinez Mental Health Counselor 301 W, 2"d Street, Apt. 241 Santa Ana, CA 92701 714 469-4011 luisraul@martinez,net �U,u�tvreo6 Mvx&APPRtn+a�la. mm er: s Taal Pemjoe Rek Managenxnt Clariral nitle