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HomeMy WebLinkAboutWESTERNERS, THE: THE FIRST PEOPLE OF THE MOTHER EARTH (PAYOMKAWICHUM KAAMALAM) INSUR/, A r,N FILE !';/;GEED N-2026-133 Q1_ °1� 2�v___. CIT�'CL`_F.( DATE JUN 1 [ 2026 NATIVE AMERICAN MONITORING SERVICES AGREEMENT O:fwnCI) THIS AGREEMENT is made and entered into on this 1st day of May, 2026 by and between The Westerners: The First People of Mother Earth (Payomkawichum Kaamalam) (PKK), ("Consultant"), a California Non-Profit Corporation, and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge regarding the preservation and protection of Native American ancestral sites and Tribal cultural resources, as well as cultural advocacy and resource management for the Acjachemen people. Such services are to be provided in connection with City's construction of a new park at 10th& Flower Street. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. Such services will be provided in connection with City's construction of the 10th and Flower Street park project. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $30,000. 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 Page 1 of 8 #2115628v2 deposit payments directly into Consultant's account(s) with financial institutions. 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. 3. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to a two, (1)-year extension(s), exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Insurance requirements are attached hereto as Exhibit B. 7. INDEMNIFICATION Page 2 of 8 #2115628v2 Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents,employees,contractors, special counsel, and representatives from liability: (1) for personal injury, damages,just compensation, restitution,judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages,just compensation, restitution,judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages,just compensation, restitution,judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution,judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding.Notwithstanding the foregoing, to the extent 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 out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs,contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and Page3of8 #2115628v2 further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information"shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that(a) has been disclosed in publicly available sources; (b) is,through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE a. 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. b. No immediate family members of either the Mayor, City Council Member, or any appointed City Official, including appointed board and commission members, as defined under the City's Municipal Code, whose position with the City shall award or influence the award of this Agreement, or any competing contract or amendment thereof, shall be employed in any capacity by the Consultant or have any other direct or indirect financial benefit or interest in this Agreement. c. The section also prohibits the awarding of any agreement, contract, grant, or any amendment to those awards, to any former full-time employee for one-year from date of employee separation except for any CalPERS retiree as authorized by City Council resolution d. The Consultant must comply with all conflict of interest laws, ordinances, and regulations now in effect or hereafter to be enacted during the term of this Agreement. The Consultant warrants that it is not now aware of any facts which conflict with the prohibitions defined above. If the Consultant hereafter becomes aware of any facts that might reasonably be expected to create a conflict of interest, it must immediately make full written disclosure of such facts to the City. Full written disclosure must include, but is not limited to, identification of all persons implicated and a complete description of all relevant circumstances. Failure to comply with the provisions of this paragraph will be a material breach of this Agreement. e. Consultant covenants that none of its directors, officers, employees, or agents shall participate in selecting or administrating any subcontract supported(in whole or in part) by City funds stemming from the Agreement where the awarding of the subcontract has any direct or indirect financial benefit or interest to any individual, as defined in subsections (b) and (c) above. Page 4 of 8 #2115628v2 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex,marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and 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 or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. 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. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event,Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. Page 5 of 8 #2115628v2 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ma 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ma, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza(M-11) Page 6 of 8 #2115628v2 P.O. Box 1988 Santa Ana, California 92702 To Consultant: Joyce Stanfield Perry, President The Westerners: The First People of Earth Mother (Payomkawichum Kaamalam) 4955 Paseo Segovia Irvine, CA 92603 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signatures on following page] Page7of8 #2115628v2 IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA � ` . .a Alvaro Nunez n�lfap.r'•• City Cl-rk City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONSULTANT: City Attorney By: / "��- �1� / e'h ' Kyle el el sen Joyce Stanfield Perry Assistant City Attorney President RECOMMENDED FOR APPROVAL: " odo o Rosas, .E. Acting Executive Director Public Works Agency Page 8 of 8 #2115628v2 EXHIBIT A #2115628v2 omomomomomom IPAYOMKAWICHUM . KAAMALAM mo4>o4>o4>o4>o1,0 Proposal, Terms and Compensation Thank you for considering Payomkawichum Kaamalam (PKK) to provide Native American Monitoring services. PKK has over thirty years of experience as a cultural advocate and cultural resource manager for the Acjachemen people. Our management practices prioritize preservation and protection of our ancestral sites and Tribal Cultural Resource. As American Indian consultants for archeological and development projects, we have been instrumental in educating Native and non-Native personnel and developing policies for cultural and historical preservation. As a result of our involvement with American Indian affairs, we bring a unique perspective to the management of cultural resources. Native American Monitoring Services are billed at a rate of$95.00 per hour. $95/hour is an all-inclusive rate that includes mileage and any other expenses. Night work, holidays, weekends and any work in excess of 8 hours per day will be billed at time and half rate of $142.50 There will be a 4-hour minimum charge. Project Management Services are billed at a rate of$140/hr Project Management Services include but are not limited to: consultation, client communications, project documentation, and monitor coordination. Invoices will be submitted monthly. Payment is required within 30 days of the date of the invoice. There will be a 2% additional fee for late payments. PKK will provide daily reports with our invoice. It is requested that a forty-eight-hour notice be provided to PKK before any project begins. We look forward to working with you. Sincerely, riflOctedh"\--0-21 P--12- tj Joyce Stanfield Perry, President Accepted By: Name: Date: ��y►L{II„ OmOGOGOmOGOm � �((/ PAYOMKAWICHUM 0 KAAMALAM mOmomomomOmO Rate Sheet 2025 Name Description Rate RT-NAM Regular Time Native American Monitoring $95.00/hr OT-NAM" Overtime Native American Monitoring $142.50/hr DT-NAM" Double Time Native American Monitoring $190.00/hr RT ARCH Regular Time Archaeological Monitoring $95.00/hr OT-ARCH` Overtime Archaeological Monitoring $142.50/hr DT-ARCH" Double Time Archaeological Monitoring $190.00/hr PMO*"* Project Management Services $140.00/hr *OT Rate applies to night work,holidays,weekends and all hours worked in excess of 8 hours ii **DT Rate applies all hours worked in excess of 12 hours in a single day. **"Project Management services include but are not limited to,consultation,client communications,project documentation, monitor coordination Accepted By: Name: Date: EXHIBIT B #2115628v2 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 1. Commercial General Liability(CGL): Insurance Services Office Form CG 00 0lcovering 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. 2. Automobile Liability(AL): Insurance Services Office Form CA 00 01 covering Code 1(any auto), with limits no less than$1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance, provided that such policy is endorsed for business use and provides coverage with a minimum limit of$1,000,000. Required policy limits can be met with primary and umbrella/excess insurance policies. 3. Workers' Compensation (WC): 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. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability(PL):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: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL and AL policies,with respect to any liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. 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 Consultant's CGL,AL, and WC policies which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. 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. 5. 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. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Leilani Tellez, Public Works Agency, 20 Civic Center Plaza, M-11, 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. 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. PAYOKAA-01 MSOTO2 Aka:70/2 O CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/VYYY) 17/11/2025 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 License It0C36861 CONTACT NAME: Anne Krueger Irvine-Alliant Insurance Services,Inc. (A/CC,,, o,Ea): (949)260-5087 I FAX 18100 Von Kerman Ave 10th Fl No): Irvine,CA 92612 Alt ass'akrueger@alliant.com INSURERISI AFFORDING COVERAGE NAIC k INSURER A:Great American E&S Insurance Company 37532 INSURED INSURER B: PAYOMKAWICHUM KAAMALAM:THE WESTERNER-FIRST INSURER C: PEOPLE OF EARTH MOTHER 4956 PASEO SEGOVIA INSURER D IRVINE,CA 92603 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DDIYYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR X X 214520008 9/29/2025 9/29/2026 PaEreisEs rEa occur°Ace) $ 1,000,000 X GL DED: $1,000 MED EXP(Any one person) $ 0 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 0 X POLICY 29 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 fEa accident) _ ANY AUTO _ x 214520008 9/29/2025 9/29/2026 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY UOS AUTOSON BODILY INJURY(Per eccidentQ $ X AUTOS ONLY x AUTLY (Perr aPcEc Cent)AMAGE X s;TDODED: UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY Y/N STATUTE FR ANY IPROWWMEET RR�/PAR NER/E ECUTIVE N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A NONPROFIT D&O 214520008 9/29/2025 9/29/2026 LIMIT 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD let,Additional Remarks Schedule,may be attached if more space Is required) Additional Insured endorsement attached.Policy form does not contain a General Liability Aggregate.Notice of cancellation will be delivered only to the participating named insured as stated in the policy.Subject to policy terms,conditions and exclusions. Carriers on Policy: Digitally signed Great American-88% Tu Tran by Tu Tran StarStone Specialty-12% Nguyen Nguyen Data 2025.11.1e APPROVED '.. 09:11:59-08'00' SEE ATTACHED ACORD 101 By Tu Tran Nguyen.at 9:11 am,Nov 18, 292 I " CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza(M-20) PO Box 1988 Santa Ana,CA 92702-1988 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: PAYOKAA-01 MSOTO2 LOC#: ACORE7ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY License#OC36861 NAMED INSURED Irvine-Alliant Insurance Services, Inc. PAYOMKAWICHUM KAAMALAM:THE WESTERNER-FIRST PEOPLE OF EARTH MOTHER POLICY NUMBER 4955 PASEO SEGOVIA SEE PAGE 1 IRVINE,CA 92603 CARRIER NAIL CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: As respects service agreement for Native American Monitoring for the New Park Construction Project at 10th Street&Flower Street in the City of Santa Ana CA. City of Santa Ana, its City Council,its officers,officials,employees,agents, and volunteers are named as additional insured as respects general liability only arising out of the operations by or on behalf of the named insured. The terms"participating named insured"and "insured"are used severally and not collectively, but the inclusion herein of more than one"participating named insured"or"insured shall not operate to increase the limits of the"company's"liability. The"Company" may cancel the coverage provided to the "Participating Named Insured", by mailing to the first"Participating Named Insured"at the address shown in the Declaration Page written notice stating when, not less than sixty (60)days thereafter, such cancellation shall be effective. Provided that the"Participating Named Insured"fails to discharge,when due,any of its obligations in connection with the payment of premium for the policy or any installment thereof,whether payable directly to the "Company"or its agent or indirectly under a premium finance plan or extension of credit,the coverage provided to the"Participating Named Insured"may be canceled by the"Company" by mailing to the "Participating Named Insured" at the address shown in the Declaration Page,written notice stating when, not less than ten(10)days thereafter, such cancellation shall be effective. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD GL 33 01 38 09 25 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON-PROFIT CORPORATIONS Name of Person or Organization: Any person or entity that the "Named Insured" has entered into a written agreement, prior to a loss, to provide defense, indemnity or additional insured protection. The following is added to Section V. PERSONS OR ENTITIES INSURED: Any person(s)or organization(s)listed in the Schedule above is an Additional Insured, but only as respects"Personal Injury" (including "Bodily Injury") and "Property Damage" arising, in whole or in part, out of the operations of the Named Insured. The inclusion of such Additional Insured shall not serve to increase the "Company's" Limit of Liability as specified in the Declaration Page of this Policy: However, additional insured coverage provided by this insurance will not be broader than coverage required in the written agreement. Includes copyrighted material of Insurance Services Office, Inc., with its permission. GL33 01 38 09 25 Pagel of GL 33 00 52 09 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON-PROFIT CORPORATIONS The following is added to Section VIII. COMMON POLICY CONDITIONS: If insurance similar to this insurance is held by a person or organization that is an additional insured on this policy, this insurance is primary to that other insurance. The "Company" shall not seek contribution from that other insurance for amounts payable under this insurance for liability arising out of the "Participating Named Insured's" ongoing operations performed for that person or organization under a written agreement. However, the provisions of this endorsement do not apply to a person or organization unless the "Participating Named Insured" had a written agreement with that person or organization requiring: a. This insurance be primary insurance; b. They be an additional insured on this Policy; and c. The written agreement was entered into prior to the date the"Participating Named Insured's" operations for that person or organization commenced. Includes copyrighted material of Insurance Services Office, Inc., with its permission. GL 33 00 52 09 23 Page 1 of 1 GL 33 02 99 09 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUBROGATION This endorsement modifies insurance provided under the following: SPECIAL LIABILITY POLICY FOR PUBLIC ENTITIES AND NON-PROFIT CORPORATIONS The following is added to Section VIII. COMMON POLICY CONDITIONS: (0) Subrogation. To the extent of any payment hereunder, the "Company" shall be subrogated to all of the "Insured's" rights of recovery, therefore; and the"Insured" shall do nothing after loss to prejudice such rights and shall do everything necessary to secure such rights. Any amount so recovered shall be apportioned as follows: Any interest, including the "Insured's", having paid an amount in excess of any "Participating Named Insured's" Self- Insured Retention plus the Limit of Liability hereunder shall be reimbursed first to the extent of actual payment. The"Company"shall be reimbursed next to the extent of its actual payment hereunder. If any balance then remains unpaid, it shall be applied to reimburse the"Participating Named Insured". The expenses of all such recovery proceedings shall be apportioned in the ratio of the respective recoveries. If there is no recovery in proceedings conducted solely by the"Insured", it shall bear the expenses thereof. However, the"Company"will waive its right of subrogation against any person or organization for whom the "insured" is performing operations, but only if: 1) That person or organization requires in the written agreement with the "Participating Named Insured" that the "Participating Named Insured"waive its right of recovery against that person or organization; and 2) The written agreement is made prior to the date of the"Occurrence". Includes copyrighted material of ISO Properties, Inc., with its permission. GL 33 02 99 09 23 Page 1 of 1 • C!TY OF SANTA ANA " '• Risk Management a division of Human Resources .R Managing Risk through Awareness and Action AFFIDAVIT OF EXEMPTION FOR WORKERS' COMPENSATION INSURANCE I, Joyce Perry, President ("Representative"), attest that I am an authorized (Name and Title of Vendor Representative) The Westerners the First People of Earth Mother Payomkawichum Kaamalam representative of ("Company"), and (Consultant/Company Name) possess the authority to legally bind Company. In my capacity as Representative of Company, I represent and confirm the following, as relates to the agreement between Company and City of Santa Ana, agreement number #21 1 5628v2 ("Agreement")to provide Native American Monitoring Services ("Services"): (Services to be provided under agreement/contract) During the course and scope of Company's agreement with the City of Santa Ana,Company will not employ any person in any manner so as to become subject to the workers' compensation laws of California,and agree that if Company should become subject to the workers' compensation provisions of Section 3700 of the Labor Code,Company shall forthwith comply with the provisions and provide proof of workers' compensation coverage immediately. If at any time it is found that Company is not adhering to any and/or all of the statements in this document and does not maintain the minimum workers'compensation insurance coverage as required in the Agreement, it will be considered a breach of Agreement rendering the Agreement null and void and Company will be fully liable for any and all damages. Joyce Per Digitally signed by Joyce Perry 11/14/2025 y Perry Date:2025.11.14 14:25:28-08'00' Signature Date Joyce Perry Print Name President Title kaamalam@gmail.com Contact Information,i.e.,Telephone Number and/or Email Address WARNING: FAILURE TO SECURE WORKERS' COMPENSATION COVERAGE IS UNLAWFUL, AND SHALL SUBJECT AN EMPLOYER TO CRIMINAL PENALTIES AND CIVIL FINES UP TO ONE HUNDRED THOUSANT 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. Affidavit of Exemption for Workers'Compensation Insurance 11.12.2024 Nguyen, Tu Tran From: Anne Krueger <akrueger@alliant.com> Sent: Tuesday, November 18, 2025 8:29 AM To: RMD; Tellez, Leilani; maria@kaamalam.com Subject: RE: Request for COI Review (PKK) Attachments: Payomkawichum Kaamalam - City of Santa Ana - 25-26 -SLIP COI.pdf attention: This email originated from outside of City of Santa Ana. Use caution when opening attachments or links. Hello, Regarding the General Aggregate, the insured's SLIP policy does not contain a general aggregate and a general aggregate cannot be added to the policy. The general aggregate on a policy caps the amount the carrier will pay for all lines of coverage under that policy regardless of the Per Occurrence limit. Since the SLIP policy does not have a general aggregate there is no annual cap on the policy, therefore, the SLIP coverage exceeds the requirement for an aggregate. The certificate shows the Non-Profit Directors and Officers Liability on the certificate. Directors & Officers is classified as a Professional line of coverage. Professional Liability is a very broad term and can encapsulate many different coverage needs. For SLIP, we specify Nonprofit Directors & Officers (Non-Profits) or Public Officials Errors & Omissions (Public Entities) since that appropriately limits the scope to what we are trying to cover—the boards of organizations and their actions or inactions. Please note,the SLIP policy does not cover any Professional Liability so, if obtaining a contractor to do a job for Payomkawichum Kaamalam or City of Santa Ana and the job takes a license to do it (adjuster, surveyor, architect, lawyer etc.) then, the contractor should be the one providing Payomkawichum Kaamalam and City of Santa Ana with a certificate showing their Professional Liability coverage. They would also need to name Payomkawichum Kaamalam and City of Santa Ana as additional insured on their policy as well. Anne Krueger, CLIC, WCIP Account Manager CA License No. 0184314 Public Entity T: 949.260.5087 F: 619.699.0902 E: akrueger@alliant.com Alliant.com Alliant Insurance Services, Inc. CA License No. 0C36861 The More Rewarding Way to Manage Risk 1 From: RMD<rmd@santa-ana.org> Sent:Tuesday, November 18, 2025 7:59 AM To:Tellez, Leilani<Itellez@santa-ana.org>; maria@kaamalam.com Cc: Anne Krueger<akrueger@alliant.com> Subject: RE: Request for COI Review(PKK) This message has originated externally from organization. Good morning Leilani, In reviewing the COI and the agreement, the following are missing: 1. Aggregate Limit for Commercial General Liability a. Required: $2M aggregate b. Current: No limit provided 2. COI evidencing Professional Liability insurance coverage Professional Liability (PL): with limits no less than $1,000,000 per occurrence or claim, an' $2,000,000 aggregate. Kind regards, Tu Tran Nguyen I Risk Management Technician City of Santa Ana - Human Resources Department '•; 20 Civic Center Plaza I Santa Ana, CA 92701 1 gi in Office: 714-647-5141 SANTA ANA Email: TNquyen20(c�santa-ana.orq I santa-ana.org/human-resources I Linkedln Instagram City Hall hours are 8 a.m. to 5 p.m. Monday through Thursday, and 8:00 a.m. to 5:00 p.m. every other Friday. Click here for a list of observed holidays and Friday closure dates. The mySantaAna mobile app puts the power of the Santa Ana city government in the palm of your hand! The free app allows residents to quickly and easily report issues to the City, access City services, and find news and events. It is available to download from the Apple App Store and on Gooqle Play. 2 PKK Agreement Packet Final Audit Report 2026-06-01 Created: 2026-06-01 By: Hortencia Martinez(hmartinez@santa-ana.org) Status: Signed Transaction ID: CBJCHBCAABAADKW1j1GoSC-Wg3sfeWDe6zgni_FG7Epe "_PKK Agreement Packet" History `i Document created by Hortencia Martinez (hmartinez@santa-ana.org) 2026-06-01 -10:41:20 PM GMT El, Document emailed to mortiz@santa-ana.org for signature 2026-06-01 -10:41:29 PM GMT 'Li Email viewed by mortiz@santa-ana.org 2026-06-01 -10:42:02 PM GMT ba. Signer mortiz@santa-ana.org entered name at signing as Mike Ortiz 2026-06-01 -10:56:20 PM GMT cfl Document e-signed by Mike Ortiz (mortiz@santa-ana.org) Signature Date:2026-06-01 -10:56:22 PM GMT-Time Source:server-Signature Appearance Selected:MOBILE_DRAW 0 Agreement completed. 2026-06-01 -10:56:22 PM GMT 12 Adobe Acrobat Sign