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NATIONAL SAFETY SERVICES (3)
INSURANCE ON FILE WORK MAY PROCEED UNTIL SU ANCE EXPIRES CITY CL RK N-2024-166 DATE: CONSULTANT AGREEMENT BETWEEN NATIONAL SAFETY SERVICES AND THE MAY 14 2014 CITY OF SANTA ANA FOR ON -SITE SAFETY TRAINING SERVICES THIS AGREEMENT is made and entered into this 1 st day of May 2024 by and between National Safety Services, 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"). ' Q W R C2� RECITALS CK A. The City desires to retain a consultant to provide on -site confined space rescue equipment inspections and safety training services for the Water Resources Division of the Public Works Agency. Consultant may also provide confined space program development, confined space job task analysis, risk control evaluations, confined space rescue training, refresher training as needed, and supply rescue equipment. B. Consultant represents that it 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 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", as well as those services further described in Consultant's "Fee Schedule - Exhibit B", both of which are attached hereto and incorporated herein by this reference. 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 B. The total amount to be expended under this Agreement shall not exceed $50,000.00 during the term of this agreement, including any extension periods exercised under Section 3. 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. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be Page 1 of 9 made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on May 1, 2024 and continue through April 30, 2025, unless terminated earlier in accordance with Section 17, below. The exact date(s) of any training courses shall be scheduled to occur during the term of the Agreement by mutual agreement by the parties. The term of the Agreement may be extended for up to one (1) year upon a writing executed by the City Manager and the 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 Page 2 of 9 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. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. Minimum Scope and Limit of Insurance: • 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 and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. • Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. • 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, policy or, employee, for bodily injury or disease. • Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions. The above required insurance policies are to contain or be endorsed to contain the following provisions: City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. For any claims related to this contract, Consultant's insurance coverage shal l be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. Page 3 of 9 A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non- payment of premium. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), 20 Civic Center Plaza M-XX (Responsible Staffs Department Mail Box), Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. 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. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The retroactive date must be shown and must be before the date of the contract. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 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, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Verification of Coverage. Consultant shall furnish 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 before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 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. Page 4 of 9 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 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 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 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 Page 5 of 9 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: City Clerk 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: National Safety Services Inc. 9t21 Atlanta Avenue #732 Huntington Beach, CA 92646 Attn: Chuck Hudson 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 Page 6 of 9 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 aelmowledges 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 which 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. 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. Page 7 of 9 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, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities 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. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [SIGNATURES ONTOLL0WING PAGE] Page 8 of 9 SIGNATURE PAGE TO CONSULTANT AGREEMENT BETWEEN NATIONAL SAFETY SERVICES AND THE CITY OF SANTA ANA FOR ON -SITE SAFETY TRAINING SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. all City Clem APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Jonathan T. Martine Assistant City Attorney RECOMMENDED FOR APPROVAL s 17,; 41 Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA Gu Alvaro Nunez Acting City Manager NATIONAL SAFETY SERVICES Chuck Hudson President Page 9 of 9 EXHIBIT A SCOPE OF WORK CUSTOM SAFETY SOLTIONS FOR EVERY CLIENT Every client is unique and has different needs and requirements, NSSI responds with 30 years' experience in safety solutions. National Safety Services Inc solutions: ✓ Confined Space Rescue Services ➢ Confined space rescue / IDLH entry support / Consulting services / Hazard assessments / Atmospheric monitoring / Confined space safety services / Confined space entry supervisor services / Health and Safety Plan (HASP) oversight. ✓ Technical Water Solutions ➢ FEMA certified advanced swift water rescue services / Stand-by water rescue services for potable water reservoirs (Inspections) / A.W.W.A. Complaint potable water diver for visual inspections / FEMA certified rescue boat operators / Talent support for movies, TV, commercials (in water) / Underwater drone support. ✓ Cal -OSHA Tunnel Rescue Services ➢ Cal -OSHA compliant tunnel rescue team (Entries over 15,000') / Utilizing Drager BG-4 Rebreathers / New and pre-existing construction / Cal -OSHA pre job complaint. ✓ Technical Services ➢ Sprat Rope Access / High angle Rescue / Low angle rescue / Consulting / Drone videography. ✓ Training Services ➢ Cal -OSHA and Federal OSHA Confined space entry/ Confined space Rescue initial 24 or 40 hour / Confined space rescue refresher / Fall protection training / Trench awareness / Trench 16 or 24 hour / Drager BG-4 Rebreather training / HAZWOPER awareness / HAZWOPER 24- or 40-hour technician levels / Medical Evaluation Questionnaire (M.E.Q.) ! Fit testing (Porta Count Quantitative Fit Testing) / Fresh air training (SCBA's) / Atmospheric monitoring training. F2 NATIONAL SAFETYFor more information, call 714.679.9118 or www.nsrsi.com. SERVICES ✓ Specialty Services ➢ Annual compliance inspection for customers equipment / Flow Testing customers SCBA's, emergency egress devices / Inspection of DBI Sala winches, SRL's Tripods and fall protection. National Safety Services Inc. current industries services: Water Production Wastewater Construction Refineries (Up and down stream) Tunnels Energy Plants Chemical Plants Maritime Agricultural o Railroad Government : Movie and TV sector : Pharmaceutical o Aeronautical (4 NATIC3NAL SAFETY For more information, call 714.679.9118 or www.nsr.5i.com. SERVICES EXHIBIT B CONSULTANT'S FEE SCHEDULE ())NATIONAL SAFETY SERVICES Fallon Franklin City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Training and Technical Services 2024-2025 Fallon, 3/30/2024 National Safety Services (NSSI) will provide the below listed items to the City of Santa Ana — Public Works Agency. Confined Space Program Evaluation: NSSI will assist the City of Santa Ana — Public Works Agency with reviewing The City of Santa Ana Public Works current Confined Space programs and assisting if any areas of the program do not meet the Cal- OHSA's minimum requirements and identify any deficiencies and addressing those areas. Confined Space Hazard Assessment: NSSI will assist the City of Santa Ana — Public Works Agency with reviewing The City of Santa Ana Public Works' current Confined Spaces to look for current hazards and ensure these hazards are documented in the Confined Space Entry S.O.P.'s. All known hazards will be documented and put into the Confined Space Program for any future entries. Development of Confined Space Standard Operating Procedures (S.O.P.): NSSI will assist the City of Santa Ana — Public Works Agency with creating The City of Santa Ana Public Works Confined Space Standard Operating Procedures. NSSI will audit every Confined Space within the City of Santa Ana's jurisdiction. All Confined Spaces will be documented and put into a Master Confined Space Manual for S.O.P.'s. This will include Entry procedures, LOTO, known hazards and any other specific details pertinent to the individual Confined Spaces. A Master SOP Binder will be created to house all the SOPS for Confined Space Entries. NSSI will require a Competent Person to be with NSSI on these audits to discuss items in the confined space, know LOTO and isolation procedures and current methods used in these spaces. All services listed above except for training will be billed on a "Time and Materials Basis". 9121 Atlanta Ave #732, Huntington Beach, CA 92646 NATIONAL ()) SAFETY SERVICES Unit of Extended Taxable Supplier Part / Class Description Measure Cost Cost Con Space Confined Space Program Evaluation of all City NSSI Prog Eval of Santa Ana Spaces (Per hour charge) 10 Hours $300.00 $3,000.00 No Confined Space Hazard Assessment — Con Space Evaluation of all Santa Ana's Spaces (Per hour NSSI Haz charge) 5 Hours $300.00 $1,500.00 No Replacement Misc MSA replacement sensors (02, LEL, NSSI Sensors C0/1-12S) 6 ea. $550.00 $3,300.00 Yes MSA Calibration quad gas compatible with NSSI Cal Gas the MSA Galaxy GX2 Station 58L 4 ea. $650.00 $2,600.00 Yes MSA Receipt & Sticker Label Roll for use with Printer Ticker NSSI Roll GALAXY® GX2 4 ea. $84.00 $336.00 Yes Printer NSSI Ribbon MSA Ribbon, Zebra Printer GX430T for use 4 ea. $64.00 $256.00 Yes with GALAXY® GX2 Monitor Probe NSSI Filters MSA Water Stop Filter for Sample & Universal 4 ea. $95.00 $380.00 Yes Pump Probes, 10 each/pk Monitor MSA Hydrophobic Probe Filter for NSSI Internal Filters Altair85/5X 18 ea. $42.00 $756.00 Yes Sub Total $12,128.00 Estimated Shipping $250.00 Estimated Tax 9.25% $705.59 Total $13,083.59 terms: Net 30 9121 Atlanta Ave #732, Huntington Beach, CA 92646 NATIONAL ()) SAFETY SERVICES NOTE: The above listed hours for Confined Space Program Evaluation, Confined Space Hazzard Assesment and Development of Confined Space SOP's are estimated hours. All charges will be actual "Time and Material". These numbers can increase or decrease depending on quatity of spaces and set up of SOP parameters. Thank you, Chuck Hudson USMC Veteran National Safety Services Inc. 9121 Atlanta Ave #732 Huntington Beach, CA 92646 Cell 714.679.9118 chudson@nsrsi.com 9121 Atlanta Ave #732, Huntington Beach, CA 92646 NATIONAL SAFETY SERVICES 2024-2025 Cal -OSHA Fall Protection Training Fallon Franklin City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Fallon, 3/30/2024 National Safety Services (NSSI) will provide the below listed training to The City Santa Ana Public Works. NSSI will conduct Cal -OSHA Fall Protection course at TBD. This class will cover Cal-OSHA's Title 8 CCR, Article-24 (1669-1672 Fall Protection). This course will cover don, doffing inspection care and maintenance of fall protection harness and related equipment. Anchors and anchorage equipment. Fall Protection lanyards, SRL's, lanyards and other fall devices. Fall distance measurements forfall potentials and other general fall protection guidelines. National Safety Services Training and Equip ment 1 Fall Pro Cal -OSHA Fall Protection Training 1 $3,000.00 $3,000.00 Subtotal $3,000.00 Shipping $0.00 Tax $0.00 Total $3,000.00 Terms: Training — Net 30. Chuck Hudson USMC Veteran National Safety Services Inc. 9121 Atlanta Avenue #732 Huntington Beach, CA 92646 Cell 714.679.9118 chudson@nsrsi.com 9121 Atlanta Avenue #732, Huntington Beach, CA 92646 )NATIONAL SAFETY ,SERVICES 2024-2025 Training for Confined Space Rescue Fallon Franklin City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Fallon, 3/30/2024 National Safety Services (NSSI) will provide the below listed training to City of Santa Ana. NSSI will conduct a 40 hour (5 day) on TBD, Industrial Confined Space Rescue Course at your location TBD. This class will cover Cal -OSHA Title 8, 5157 (k) & appendix F, NFPA 1670 Confined Space Regulations for General Industry. The class will consist of classroom sessions for the first half day, then the class will be working hands on in the field. This training will comply with Cal -OSHA Title 8, 5157 (k) & appendix F, NFPA 1670 requirement to have employees trained as rescues workers. National Safety Services Training 2 Ind Res 40 Initial Industrial Rescue Training 40 hour, (5 days) ' $12,500.001 $25,000.00 Dates: TBD Location: TBD 2 Add Instr. Additional Instr. If needed $3,500.00 $7,000.00 Total $32,000.00 TERMS: NET 30 *Note— If Student counts are above 10 students in any Confined Space Rescue Course, an additional Instructor will need to be brought in at an additional cost. (1-10 students = 1 Instructor, 11-16 students = 2 Instructors, and 16-20 students = 3 Instructors). Thank you, Chuck Hudson USMC Veteran — DVBE Certified National Safety Services Inc. 9121 Atlanta Avenue #732 Huntingtron Beach, CA 92646 Cell 714.679.9118 chudson@nsrsi.com 9121 Atlanta Avenue #732, Huntington Beach, CA 92646 NATIONAL ()) SAFETY SERVICES 2024-2025 24-hour HAZWOPER Training Fallon Franklin City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Fallon, 3/30/2024 National Safety Services (NSSI) will provide the below listed training to the City of Santa Ana — Public Works. NSSI will conduct a 24-hour (3 day) HAZWOPER courses at your facility located TBD. The class will cover all requirements for Cal-OSHA's Title 8, CCR §5192 and meets the Federal OSHA HAZWOPER requirements 29 CFR 1910.120(e)(8), 29 CFR 1910.120(p)(7)(i), or 29 CFR 1910.120(q)(8) for General Industry and 29 CFR 1926.65(e)(8), 29 CFR 1926.65(p)(7)(i), or 29 CFR 1926.65(q)(8) for Construction. This training will comply with Cal-OSHA's Title 8, CCR §5192 requirement to have employees trained as HAZWOPER 24 Technicians. National Safety Services Training 1 Haz 24 hr HAZWOPER Training 24 hours 4 days) $11,000.00 $11,000.00 Dates: TBD 3 days classroom, 1 day field Total $11,000.00 TERMS: Net 30 days Note: The City of Santa Ana Public Works will be responsible for providing all training equipment for class (Level A suits, level B suits, level C suits, decontamination equipment, Level A, B or C kits). NSSI can provide these training resources, but additional rental charges will be added to the training cost. Thank you, Chuck Hudson USMC Veteran — DVBE Certified National Safety Services Inc. 9121 Atlanta Avenue #732 Huntingtron Beach, CA 92646 Cell 714.679.9118 chudson@nsrsi.com 9121 Atlanta Avenue #732, Huntington Beach, CA 92646 NATIONAL SAFETY SERVICES Fallon Franklin 3/30/2024 City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Fallon, National Safety Services (NSSI) will provide the below listed training to City of Santa Ana. NSSI will conduct 1(one) 8-hour (1 day) Confined Space Entry course at your facility located at TBD on dates TBD. This class will cover Cal-OSHA's Title 8, §5157. Permit -Required Confined Spaces. The class will cover all requirements for Cal-OSHA's Title 8, §5157. Permit -Required Confined Spaces, descriptions, regulations, requirements, atmospheric monitoring, LOTO, ventilation, hot work permit process, attendant, entrant, and supervisor roles. This training will comply with Cal-OSHA's Title 8, §5156, §5157 and §5158 requirement to have employees trained as Confined Space certified employees. National Safety Services Training 1 Con Space 8 Confined Space Training 8 hours t day) $2,500.00 $2,500.00 Dates: TBD Total 1 1 $2,500.00 TERMS: Net 45 days Thank you, Chuck Hudson — President / Rescue Chief Disabled Veteran Owned Business National Safety Services Inc. 9121 Atlanta Avenue #732 Huntingtron Beach, CA 92646 Cell 714.679.9118 chudson@nsrsi.com 9121 Atlanta Avenue #732, Huntington Beach, CA 92646 NATIONAL ()) SAFETY SERVICES 2024-2025 Fit Test and Fresh Air Training Fallon Franklin City of Santa Ana — Public Works Agency 220 South Daisy Avenue Santa Ana, CA 92703 Fallon, 3/30/2024 National Safety Services (NSSI) will provide the below listed training to the City of Santa Ana. NSSI will conduct Quantitative Fit Testing (without Medical Evaluation Questionnaire) and Fresh Air Breathing course at location TBD on dates TBD. This class will cover Quantitative Fit Testing with a Porta Count style automated fit testing machine and a 4-hour Scott SCBA and Scott SKA-PAK training course. Description, use, donning and doffing of SCBA and SKA-PAK and cascade systems. This training will meet Cal-OSHA's annual Respiratory Protection standard with supplied certifications and Fit Testing cards. Due to Covid-19 protocols, we will need to ensure every student being fit tested and Fresh Air trained will have their own mask. This will need to be set up for a one -day event. National Safety Services Training 1 Fit Test Quantitative Fit Test per mask Scott AV 3000 HT 20 $100.00 $2,000.00 2 SCBA-1 Scott SCBA and SKA-PAK Breathing Air Training 20 $250.00 $5,000.00 $0.00 Tax $0.00 Total $7,000.00 TERMS: Net 30 days. Thank you, Chuck Hudson USMC Veteran — DVBE Certified company National Safety Services Inc. 9121 Atlanta Avenue #732 Huntington Beach, CA 92646 Cell 714.679.9118 chudson@nsrsi.com 9121 Atlanta Avenue # 732, Huntington Beach, CA 92646 Mazariego, Diana From: Subject: Contractor Name: Project Number: Project Name: wateradmin FW: Internal Notice of Compliance NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL National Safety Services, Inc. N-2023-075 Agreement with national Safety Services To Provide On -Site Confined Space Rescue Training and Other Related Services The Certificate of Insurance (COI) submitted indicates that the coverages comply with the insurance requirements. The compliant coverage(s) are: TYPE OF INSURANCE POLICY EXPIRATION COI DATE FILE NAME NUMBER DATE City-of-Santa-Ana_National- AUTOMOBILE LIABILITY ACP3009636948 02/01/2025 02/02/2024 Safety_24-25-GL-Auto-W_2-2- 2024_1190273794_1.pdf City -of -Santa -Ana - GENERAL LIABILITY EPK146720 02/01/2025 02/05/2024 —National Safety_24-25-GL-Auto-W 2-5- 2024_1302857061.pdf City -of -Santa -Ana - PROFESSIONAL LIABILITY EPK146720 02/01/2025 02/02/2024 —National Safety_24-25-GL-Auto-W 2-2- 2024_1190273794_1.pdf WORKERS COMPENSATION City -of -Santa -Ana —National - AND EMPLOYERS' LIABILITY 91240802024 02/04/2025 02/05/2024 Safety_24-25-GL-Auto-W_2-5- 2024_1302857061.pdf No further action is required at this time. Thank you, City of Santa Ana Risk Management Division in partnership with CTrax Plus Services Team 3/6/2024 12:24 PM 1 ACOR" CERTIFICATE OF LIABILITY INSURANCE 6..� DATE(MM/DD/YYYY) 1 4/17/2025 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 Burnham WGB Insurance Solutions CA Insurance License OF69771 Red Hill Avenue CONTACT Carmen Cisneros PHONE FAX vC No EXt: 714-824-8388 (A/C, No: E-M15901 ADDRESS: carmen.cisneros@wgbib.com INSURER(S) AFFORDING COVERAGE NAIC# Tustin CA 92780 INSURERA: State Compensation Insurance F 35076 INSURED NATIO14 National Safety Services, Inc. 5562 Research Dr, Unit B INSURER B: Lloyd's of London 15642 INSURERC: United Financial Casualty Co 11770 INSURER D: Palms Insurance Company, Ltd Huntington Beach CA 92649 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:771668961 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 POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y CSIEL01883-00 2/1/2025 2/1/2026 EACH OCCURRENCE $1,000,000 CLAIMS -MADE OCCUR PREMISES DAMAGE TO PREMISES Ea occurrence) ccurrence $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � PECOT- LOC PRODUCTS - COMP/OP AGG $ 2,000,000 X Pollution Liability $ 1,000,000 OTHER: DED $5,000 C AUTOMOBILE LIABILITY 992664368 2/4/2025 8/4/2025 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY D UMBRELLA LAB X OCCUR CSIXEL00751-00 2/1/2025 2/1/2026 EACH OCCURRENCE $5,000,000 X AGGREGATE $ 5,000,000 EXCESS LAB CLAIMS -MADE DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE 91240802025 2/4/2025 2/4/2026 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 OFFICE R/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 D Professional Liability CSIPMPL00253-00 2/1/2025 2/1/2026 Each Claim Limit $1,000,000 Aggregate Limit $2,000,000 Deductible 10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) City of Santa Ana, its City Council, officers, officials, employees, agents, and volunteers are included as Additional Insured with respect to General Liability if required by written contract and subject to terms, conditions and exclusions of the policy. Digitally signed APPROVED TLI Trait by Tu Trait Nguyen Nguyen 090840-0 oo$ By Tu Tran Nguyen at 9:08 am, Apr 18, 2025 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Agency, Water Resources Division 215 S. Center Street (M-85) AUTHORIZED REPRESENTATIVE Santa Ana CA 92703 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE PROGRESSIVE PO BOX 94739 CLEVELAND, OH 44101 Policy Holder: National Safety Services, Inc 5562 Research Dr Huntington Beach, CA 92649 The attached endorsements listed below applies to policy number: 992664368 Form 2366 (02/11) Blanket Additional Insured Endorsement Form 2367 (06/10) Blanket Waiver of Subrogation Endorsement Endorsement effective: February 4, 2025 Endorsements listed above are effective until policy cancellation date. Fees will be waived on your current policy term. Form 2366 (02/11) M_CL Blanket Additional Insured Endorsement This endorsement modifies insurance provided by the Commercial Auto Policy, Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial General Liability Coverage Endorsement, as appears on the declarations page. All terms and conditions of the policy apply unless modified by this endorsement. If you pay the fee for this Blanket Additional Insured Endorsement, we agree with you that any person or organization with whom you have executed a written agreement prior to any loss is added as an additional insured with respect to such liability coverage as is afforded by the policy, but this insurance applies to such additional insured only as a person or organization liable for your operations and then only to the extent of that liability. This endorsement does not apply to acts, omissions, products, work, or operations of the additional insured. Regardless of the provisions of paragraph a. and b. of the "Other Insurance" clause of this policy, if the person or organization with whom you have executed a written agreement has other insurance under which it is the first named insured and that insurance also applies, then this insurance is primary to and non-contributory with that other insurance when the written contract or agreement between you and that person or organization, signed and executed by you before the bodily injury or property damage occurs and in effect during the policy period, requires this insurance to be primary and non- contributory. In no way does this endorsement waive the "Other Insurance" clause of the policy, nor make this policy primary to third parties hired by the insured to perform work for the insured or on the insured's behalf. ALL OTHER TERMS, LIMITS, AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. Form 2367 (06/10) M_CL Blanket Waiver of Subrogation Endorsement This endorsement modifies insurance provided by the Commercial Auto Policy, Motor Truck Cargo Legal Liability Coverage Endorsement, and/or Commercial General Liability Coverage Endorsement, as appears on the declarations page. All terms and conditions of the policy apply unless modified by this endorsement. If you pay the fee for this Blanket Waiver of Subrogation Endorsement, we agree to waive any and all subrogation claims against any person or organization with whom a written waiver agreement has been executed by the named insured, as required by written contract, prior to the occurrence of any loss. ALL OTHER TERMS, LIMITS AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. Policy number: CSIEL01883-00 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 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" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Policy Number: CSIEL01883-00 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an Additional insured. However, this status exists only for the project specified in that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Policy Number: CSIEL01883-00 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 underthe following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED 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 (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. CG 20 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number: CSIEL01883-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY CONTRACTORS POLLUTION LIABILITY TRANSPORTATION POLLUTION LIABILITY We waive any right of recovery against the person(s) or organization(s) shown in the Schedule below because of payments we make under this policy. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule below. SCHEDULE Name of Person or Organization: If no person or organization is entered in the Schedule above, then the waiver applies to, any person or organization that is: (1) An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: (a) That request is made prior to the date your operations for that person or organization commenced; and (b) A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or (2) A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: (a) That request is made prior to the date your operations for that person or organization commenced; and (b) A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. All other terms and conditions of this policy remain unchanged. CSI EL 000 0017 Page 1 of 1 HOME OFFICE SAN FRANCISCO ALL EFFECTIVE DATES ARE AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME BROKER COPY REP D1 9124080-25 RENEWAL SP 8-80-21-93 EFFECTIVE FEBRUARY 4, 2025 AT 12.01 A.M. PAGE 1 OF 1 AND EXPIRING FEBRUARY 4, 2026 AT 12.01 A.M. ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION BLANKET BASIS NATIONAL SAFETY SERVICES INC 5562 RESEARCH DR UNIT B HUNTINGTON BEACH, CA 92649 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. THE ADDITIONAL PREMIUM FOR THIS ENDORSEMENT SHALL BE 2.00% OF THE TOTAL POLICY PREMIUM. SCHEDULE PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER JOB DESCRIPTION BLANKET WAIVER OF SUBROGATION NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: FEBRUARY 5, 220025 2572 AUTHORIZED REPRESENT IVE PRESIDENT AND CEO SCIF FORM 10217 (REV.7-2014) OLD DP 217 Policy Number: CSIEL01883-00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 30 DAYS NOTICE OF CANCELLATION ENDORSEMENT If this policy is cancelled prior to the expiration date, we will mail thirty (30) days written notice to: • City of Santa Ana Risk Management Division 20 Civic Center Plaza, 4th floor Santa Ana, CA 92701 • South Coast Water District 31592 West St Laguna Beach, CA 92651 If this policy is cancelled for non-payment of premium, we will mail ten (10) days written notice. Failure to do so shall impose no obligation or liability of any kind upon the Company, its agents or representatives. All other policy terms and conditions remain unchanged. CSI EL 000 0009 Page 1 of 1 SECTION III — DEFINITIONS A. APPLICATION means the INSURED'S application of insurance for this Policy. The INSURED agrees that statements in the APPLICATION are factual representations that shall be deemed material and that this Policy is issued in reliance upon the truth of such representations and that this Policy embodies all agreements existing between the INSURED and the COMPANY, or any of its agents, relating to this Policy. The signed APPLICATION, and any attachments thereto, submitted in connection with this Policy are incorporated herein, and constitute a part of this Policy. B. BODILY INJURY means physical or mental harm, sickness, or disease sustained by a person including death resulting from any of these at any time. C. CLAIM or CLAIMS means receipt of a civil action, suit, proceeding, written monetary demand or written demand naming the INSURED seeking DAMAGES and/or PROFESSIONAL SERVICES and/or non -monetary relief including an injunction arising out of a WRONGFUL ACT by the INSURED or any entity for whom the INSURED is legally liable. A CLAIM will be deemed first made on the earliest date any INSURED receives the civil action, suit, proceeding, written monetary demand or written demand. D. CLAIM EXPENSES means: (1) Fees charged by an attorney designated by the COMPANY, or by the INSURED with the COMPANY'S written consent; and (2) All other fees, costs and expenses resulting from the investigation, adjustment, defense of a CLAIM, and the premiums for appeal, attachment, or similar bonds; and (3) Interest on the full amount of any judgement that accrues after entry of the judgment and before the COMPANY has paid, offered to pay, or deposited in court the amount available for the judgment under this Policy. CLAIM EXPENSES do not include salaries or expenses of the COMPANY'S regular employees or fees and expenses of independent adjusters retained by the COMPANY. E. DAMAGES means the monetary amounts for which the INSURED may be held liable for WRONGFUL ACTS, including sums paid as judgements, awards, or settlements but does not include: (1) The restitution, return, withdrawal or reduction of fees, profits, or charges for services rendered or offered by the INSURED or any other consideration or expenses paid to the INSURED for services or goods; or (2) Judgments or awards deemed uninsurable by law; or (3) Fines and penalties assessed against the INSURED. Where legally insurable, DAMAGES also include punitive or exemplary monetary amounts awarded in excess of actual DAMAGES. F. INSURED means: (1) The NAMED INSURED designated in Item 1. of the Declarations or by endorsement to this Policy; (2) The INSURED'S current or former principals, partners, executive officers, directors, stockholders, or trustees while acting on behalf of the INSURED and within the scope of their duties as such; CSIP PL 000 0002 Page 4 of 15 (3) The INSURED'S current or former employees including leased personnel under the INSURED'S supervision, but only for acts within the scope of their employment or lease agreement; (4) The INSURED'S heirs, executors, administrators, assigns, and legal representatives in the event of death, incapacity, or bankruptcy, but solely with respect to the liability insured herein; (5) A retired principal, partner, officer, director, or employee while acting within their duties as a consultant for the INSURED; (6) The lawful spouse of any INSURED solely by reason of: (a) Spousal status or domestic partner status; or (b) A spouse's or domestic partner's ownership interest in property assets that are sought as recovery. This Definition F. (6) shall not apply to the extent a CLAIM alleges any WRONGFUL ACT or omission by such spouse or domestic partner. (7) Any joint venture in which the INSURED participates, but solely for the NAMED INSURED'S liability that arises out of a WRONGFUL ACT in the rendering of or failure to render PROFESSIONAL SERVICES by or on behalf of the INSURED that arises out of the rendering of or failure to render PROFESSIONAL SERVICES by or on behalf of the INSURED; (8) If during the POLICY PERIOD, the INSURED acquires or creates another entity in which the INSURED has an ownership interest of greater than 50%, such entity shall be considered an INSURED under this Policy, but only for WRONGFUL ACTS committed after the date of acquisition or creation. As a condition precedent to coverage, the INSURED shall give the COMPANY written notice of the acquisition or creation of such entity no later than sixty (60) days after the effective date of such acquisition or creation, together with such information that the COMPANY may require to appropriately endorse this Policy and subject to additional premium and/or changed terms and conditions. (9) Any entity to whom the INSURED is obligated by virtue of a written contract or permit, to provide insurance such as is afforded by the terms of this Policy, but only with respect to PROFESSIONAL SERVICES rendered by the INSURED, and then only to the extent of the coverage required by such contract or permit and for the limits of liability specified in such contract or permit, but in no event for insurance not afforded by this Policy nor for Limits of Liability in excess of the applicable Limit of Liability of this Policy; (10) Any independent contractor, but only while performing PROFESSIONAL SERVICES solely on behalf of the INSURED. G. INTERRELATED WRONGFUL ACTS means WRONGFUL ACTS that have as a common nexus any fact, circumstance, situation, event, transaction, cause, or series of causally connected facts, circumstances, situations, events, transactions, or causes. H. MEDIATION means a non -binding process in which a neutral panel or individual assists the parties in reaching their own settlement prior to the initiation of civil litigation. To be considered MEDIATION under this Policy, the process must be of a kind set forth in the Commercial Mediation Rules of the American Arbitration Association. The COMPANY, however, at their sole option, may recognize any MEDIATION process or forum presented for approval. I. MICROBE means any non -fungal microorganism or non -fungal colony form organism that causes infection or disease. CSIP PL 000 0002 Page 5 of 15 of cancellation or nonrenewal, reimbursement to COMPANY of any Deductible advanced, and the exercise of the rights provided in the Extended Reporting Period or Paragraph 12. below. 12. Subrogation In the event of any payment under this Policy, the COMPANY shall be subrogated to all the INSURED'S rights of recovery against any person or organization, and the INSURED shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The INSURED shall do nothing to prejudice such rights. The COMPANY shall not exercise any such right against any persons, firms, or corporations included in the definition of an INSURED or against the INSURED'S clients if prior to the CLAIM, a waiver of subrogation was so required and accepted in writing under a specific contractual undertaking by the INSURED. All recoveries obtained through subrogation shall be applied equally towards the INSURED'S Deductible and the COMPANY'S costs with any remaining balance payable to the COMPANY. 13. Policy Territory The insurance afforded by this Policy applies worldwide, except, this Policy shall not apply to any CLAIM or risk which would be in violation of the laws of the United States including, but not limited to, U.S. economic or trade sanction laws or export control laws administered by the U.S. Treasury, State, and Commerce Departments (e.g. the economic and trade sanctions administered by the U.S. Treasury Office of Foreign Assets Control). Where suits are brought or CLAIMS are made outside of the United States of America and its territories and possessions, Puerto Rico, or Canada, the following additional provisions apply: (1) The COMPANY shall have the right but not the duty to investigate, defend, or settle any such CLAIMS brought against an INSURED; (2) If the COMPANY elects not to investigate, defend, or settle any such CLAIM, the INSURED shall, under the COMPANY'S supervision, arrange for such investigation and defense thereof as is reasonably necessary and subject to the COMPANY'S prior authorization, shall effect such settlement thereof as the COMPANY and an INSURED deem expedient; (3) The COMPANY will reimburse the INSURED for the reasonable cost of such investigation and defense and the amount of any settlement or judgement in excess of the Deductible amount stated in the Declarations, all subject to and within the Limits of Liability stated in the Declarations; and (4) Such reimbursement shall be made in United States currency at the rate of exchange prevailing on the due date the judgement is rendered or the date that the amount of the settlement is agreed upon or the date expenditure is made. CSIP PL 000 0002 Page 12 of 15