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HomeMy WebLinkAboutVARGAS, CESAR - 2017-2020A-2017-147 PRO,FESSIQNAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 20th day of June, 2017 by and between Cesar Vargas (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"), RF,CITALS A. The City desires to retain a consultant having special skill and knowledge in the field of professional interpretation and translation services of City Council meetings, 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 lie is knowledgeable in his field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected fi'om a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terns and conditions hereuraffer set forth, the parties agree as follows; 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A, and incorporated by reference to this Agreement. 2, COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit I3 and incorporated by reference to this Agreement. The total sutn to be expended under this Agreement shall not exceed $75,000,00 for the term of (he Agreement. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made, Ebr work which fails to meet the standards of performance set forth in the Recitals wbieh may reasonably be expected by City. 3. TERM This Agreement shall commence on the datefirst written above and torminate on June 30, 2020, unless terminated earlier in accordance with. Section 13, below. The,; terra? of this Agrcenntat may be extended allon a writing executed by the City Manager and the City Attorney. C 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 skull be provided in a manner consistent with all applicable standards and regulations governing such services, Consultant shall pay all salaries; and wages, employer's social security taxes, unemployment insurance and similar taxes relating; to employees and shall be responsible for all applicable withholding taxes,; 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance, Consultant shall maintain commercial general liability insurance training the City, its officers, employees, agents; volunteers and representatives as additional insureds) and shall include, but Pot he limited to protection against claims arising from bodily and personal injury, including death: resulting therefrom .and damage to property, resulting -from -any act or occurrence arising out of Consultarnt's operations 'in the performance -of this Agreement, inchding, without limitation, acts involving vehicles. The amounts ofinsurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) -name the CITY, its officers, employees, agents; volunteers and representatives, as additional ft%ured(s); (b)'bc prdrnary with respect to insurance or self-insurance programs maintained by the CITY; and. (e) contain standard separation ofinssureds provisions. b. If applicable, business automobile liability insurance, or equival€nt ,forin; with a combined single linnft of not, less than $1,000 000 per occurrence, Such insurance shall include coverage for owned, hired and non -owned: automobiles. c; Worker's Compensation Insurance. In accordance with the California Labor Code, Consultant, if Consultant has any employees,, is required to be insured against liability for worker's compensation or to undertake .self-insurance. Prior to to obtain and maintain any employer's liability insurance with limits not less $1,000,000 per accident d. If Consultant is or employs a licensed professional such as an arehiteet or engineer; Prafesstional liability (errors and omissions) insurance, wvith. a combined single limit of not less thah,$1,000;000 per claim with $2,000,000 in the aggregate. e. The following; requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above it full force and effect for the entire period covered by this Agreement, (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City: (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a frilly executed additional insured endorsement. f; If Consultant fails or refuses to produce or maintain the in, required by this section or fails of refuses to furnish the City with required proof that insurance has been proceed and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such tennination shall not affect Consultant's right to be paid for its time and materials expended prior to notification. of ternination, Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City:. 6., MEMNiNCATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (f) for personal injury, damages, just compensation, restitution, judicial or equitable relief arisint 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- Consultants, suhcontraetorsy agents, employees, or other persons acting on their behalf which relates to the services described in sootion 1 of this Agreement; and (2) from -any claim that personal injui<y darnages, just compensation, restitution, judicial or equitable relief is due by reason -of the termsof or efforts: arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for, damages, just compensation, restitution, judicialorequitable relief suffered, of alleged to have been suffered, by reason of the events referredto in this Section or by reason of the teraxis 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 treason of the terms of, of offects arising from tlt'is A&rcolnent. City may make all reasonable decisions with respect to its representation in any legal proeeeding, 7. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreenrent. Consultant shall maintain complete and accurate records with revect 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 pavinout to ConsuJtant under this Agreement, All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the Cit y to examine, audit, and make transcripts or copies of such records and any -other documents created pursuant to this Agreement during regularbusiness hours, Consultant shall allow inspection of all work, date, documents, proceedings, and activities Mated to this Agreement for a period of three (3) years, ftoru the date of final payment to Consultant under this Agreement, 81 CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such infortuation, is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degrees 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 inibimation, 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 Ageement. The foregoing obligations of tion-use and nondisclosure shall not apply to any inferination 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 byoperationof law; or (e) is illidependently developed by the Consultant without, reference to information disclosed by the City, 9. CONFLICT OF INTEREST CLAUSE Consultant Covenants that it presently has no interests and shall riot have interests,, direct or indirect, which would conflict in any manner with performance ofservicesspecified under this Agreement. 10, NOTICE Any notice, tender, demand, dell'yery, 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 maili, postage prepaid, or sent by fax or other tolegrapb1p communication in the inamier provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center'Plaza (M-30) P.0-Box 1988 Santa Ana, CA 92702-1988 Fax'714- 647-6956 With courtesy copies to; City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P,O, BOX t988 Santa Ana, California 92702 Fax 714- 647-6515 To Consultatt; Dr, Cesar Vargas 8502 E; Chapman Ave. 002 Orange, California 928 69 A party may change its address by giving notice in writing to the other party. Thereafter, any rsommunieation shall be, addressed and transmitted to the -new address. If sent by mail; communioadon shall, be effective or doerred to havo been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed asset 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, 11. EXCLUSIVITY AND AMENDM +'NT 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, ln.the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shalt 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 tertus or conditions of any purchase order or other insthtnrent that are 'Inconsistent with, or in addition to, the teens and conditions hereof, shall not bird 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 ay any party, or anyone acting on behalf of any party, which are not embodied herein, 12. ASSIGNMENT Inasinuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or sciheontraet any interest herein without the prior written consent of the City and any such assignmetrt, transfer, delegation or subcontract withor the City's prior written consent shall be considered hull and void. Nothing in this Agreement shall be constrvcd to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or brother consultants.etained by City. 13. TERMINATION This Agreement may be, termiriated'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, subj ect to the following coriditionw a. As a condition of such payment, the Exceinive Director May require Consultant to deliver to the City all work product completed as- of I I 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. h. Payment need not be made for work which fails,to meet the standard of performance specified in the Recitals of this Agreement. 14. 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 applicablelaw, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in ootmeodon with any activities under this Agreement, Consultant affirins that i is an equal opportunity employer and it -shall comply with all -,applicable fed=l, state and local laws and regulations, 15. JURISDICTION - VENUE This Agreemont has been executed -and delivered in the State ofiforn - Cali ia 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 Calificirna, Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be-hrmight.or arise, out of, in connection With or by reason of this Agreement. 10, PROrKESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, .permits, approvals, waivers, and exomptions necessary for the provision of the services hereutide and required byflie, 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. 17. MIS-CELLANEOUS PROVISIONS 4; Each undersigned represents and warrants that its signaturb herein below has the power, authority and right to bind their respective Parties to each of the terms of this Agreement, and shall indelnulify 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, IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CITY OF SANTA ANA CESAR VARGAS CYNTHI (J. ICU TZ DR. CESAR VARGAS Interim City Manager ATTEST: �. � �> �AR M RIA hu HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALI-10 City Attomey By: yoltiM. Funk Assistant City Attorney EXHIBIT A SCOPE OF SERVICES In consideration of the mutual grid respective promises, and subject to the lei -ins and conditions hereinafter set forth, the parties agree as follows. SCOPE OF SERVICES a. Consultant shall provide English - Spanish translation/interpretation of the City Council meeting on an ongoing basis, as requested by City and subject to the availability of Consultant(s). b. The: City shall provide, Consultant sufficient preparatory and background materials (such as meeting agendas and pertinent memos and reports) no later'than 48 hours prior. to an assignment so that Consultant may be familiarized and kept abreast of the possible items, tenninology; concepts, and direction to be discussed, which may be broached during said assignment. As these assignments are meant to be public, live meetings, the City cannot guarantee that items not presented, :implied or hinted to in these preparatory materials will not be brought up during said: assignment, c: The City shall do its best to provide a working environment conducive: to simultaneous interpretation, which includes, but is not limited to, interpretation equipment,; sound booth with full visual access to Chambers or other meeting venue (as available), and other items that may be applicable, reasonable and feasible for each interpreting assignment. d The City shall set tap the interpretation equipment, video/audio feeds to the booth, hand out and retrieve intorpretatian receivers to members of the public, and provide other services incidental surd necessary to the interpretation services provided by Consultant. EXHIBIT B COMPENSATION COMP13�TION City agrees to pay, and Consultant agrees to accept as total payment for its services, the hourly rate of $95,00, with a two-hour minimum, which includes up to thirty (30) minutes of preparation, familiarization and review time. The total compensation to be paid pursuant to this Agreement shall not exceed $75,000.00 during the term of this Agreement, Pogo 9 of 9 ACC)Rp® CERTIFICATE OF LIABILITY INSURANCE Onr5 11 /2 051111201717 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 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 Sariah Devereaux-Barrientos, Agent CONTACT NAME: Norma or Theresa uuc° NE A.�• 714 1- 280 (m No): 714 384-3892 ADDRESS: sariah.devereaux.t8lb@statefarm.com 1202 W 1st S# StafeFa►m Santa Ana, CA 92703 INSURERS AFFORDING COVERAGE NAIC 4 INSURER A : State Farm General Insurance Company5�5 INSURED CESAR VARGAS DBA MENTE INC INSURER B INSURER C : 6543 E VIA FRESCO INSURERD: ANAHEIM, CA 92807 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. TYPE OF INSURANCE ADDL SUBRI POLICY NUMBER POLICDY EFF POff CDY EXP LIMITS GENERAL LIABILITY ❑! 92-EK-V825-4G I 05/16/2017 05/16/2018 EACH OCCURRENCE $ 1.000.000 rA iC COMMERCIAL GENERAL LIABILITY WWZ' 3E TO RENTED PREMISES Ea omnrance s CLAIMS4MDE DOCCUR MED EXP (Any one person) $ 5,000 PERSONAL R ADV INJURY S GENERAL AGGREGATE i 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S 2.000,000 $ X POLICY JECT PRO LOC AUTOMOBILE LIABILnY ❑ ❑ COM Ee eBccidEe�DitSINGLE LIMIT $ BODILY INJURY (Per pemn) S ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per ecddenl) $ PROPERTY DAMAGE $ HIRED AUTOS NON-OWNEO AUTOS S • UMBRELLA LIAB OCCUR j EACH OCCURRENCE $ EXCESS LIAR CLAIMS -MADE AGGREGATE S DED RETENTIONS S WORKERS COMPENSATION WC STATU- I iOTH- AND EMPLOYERS' UABILRY ANY PROPRIETORJPARTNERJEXECU IVE Y!❑N OFFICEJMEMSER EXCLUDED? N 1 A ❑ E.L. EACH ACCIDENT $ (Mandatory In NH) E.L. DISEASE - EA EMPLOYEEE E.L. DISEASE - POLICY LIMIT S IS yes, describe under nFsQRIPnQN OF OPERATIONS belaw ❑ Deductible- $5.000 El PERSONAL PROPERTY $1000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional RemaiM Schedule, If more space Is required) CERTIFICATE HOLDER CANCELLATION ADDITIONAL INSURED SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN THE CITY OF SANTA ANA ACCORDANCE WITH THE POLICY PROVISIONS. 20 CIVIC CENTER PLAZA SANTA ANA , CA 92701 AUTHORIZED REPRES NTATIYE , i988-2010 O)tD COR191ATION:All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of AICORD �� 1001486 132849.8 01-23-2013 AI`C)RCERTIFICATE OF LIABILITY INSURANCE D05/01/2018 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(€es) must 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 endarsement(s). PRODUCER Sariah Devereaux-Barrientos, Agent 1202 W 1 St St 5tafe'Farm Santa Ana, CA 92703 A• CAOMACT SARIAH DEVEREAUX FAX PHaNE Ext)- 714-�a41-7280 Ao}: 714-384-3892 E MAIL ADDRESS: San ah-devereaux.t8lb statefarrn.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: State Farm General Insurance Company 25151 INSURED MENTE INC. 6543 E VIA FRESCO ANAHEIM, CA 92607 INSURERS: INSURERC: INSURER D: INSURER E: INSURER f : COVERAGES CERTIFICATE NUMBER: REVISION NUMRFR- 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 TR TYPE OF INSURANCE AODL sUBR POLICY NUMBER POLICY EFF MM1Db POLICY EXP MM Ol LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE DOCCUR Fy ❑ 92-EK-V825-4 05116/2016 05116/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) 5 5,000 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 2.000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC pftOpUCTS - COMPIOP AGG S 2,000,000 I S AUTOMOBILE LFABILITY ANY AUTO ALLOWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS I COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) S PROPERTY IIAMAGE Peraccktent S UMBRELLA LIAB EXCESS LIAR OCCUR CLAIMS -MADE ❑ EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS` LIABILITY Y I N ANY PROPRIETORIPARTNER/EXECUTIVE ❑ OFFICEIMEMBER EXCLUDED? (Mandatory in NH) H yes, describe under N I A WC STATU- j j OTH- 1 E-L EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, Irmore space is required) CERTIFICATE HOLDER CANCELLATION THE CITY OF SANTA ANA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 20 CIVIC CENTER PLAZA ACCORDANCE WITH THE POLICY PROVISIONS. SANTA ANA, CA 92701 AUTHORIZED REPRESE TATIVE '-------0 1988-2010 ACO CORPORA;74816 AII_right�dserved. ACORD 25 (2010f05) The ACORD name and logo are registered marks of AC 1 132849.8 01-23-2013 SM Policy No. 92—EK—V825-4 DEVEREAUX, SARIAH GEORGI THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4786.1 ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92—EK—V825-4 Named Insured: MENTE INC 12664 CHAPMAN AVE UNIT 1419 GARDEN GROVE CA 92840 4034 Name And Address Of Additional Insured Person Or Organization: THE CITY OF SANTA ANA ITS OFFICERS, EMPLOYEES, AGENTS VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED WITH REGARD TO LIABILITY AND DEFENSE OF SUITS ARISING FROM THE OPERATONS AND USES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED 20 CIVIC CENTER PLZ SANTA ANA CA 92701 4058 1. SECTION II — WHO IS AN INSURED of SECTION II — LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", or "personal and advertis- ing injury" caused, in whole or in part, by: a. Ongoing Operations (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for that additional insured; or b. Products — Completed Operations "Your work" performed for that additional insured and included in the "products - completed operations hazard". However, Paragraph 1. above is subject to the following: a. The insurance afforded to the additional insured only applies to the extent permit- ted by law; CMP-4786.1 Page 1 of 2 b. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance provided to the additional insured will not be broader than that which you are required by the contract or agreement to provide for such addition- al insured; and c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the additional insured is the lesser of that which: (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- fornia Civil Code Section 2782 or 2782.05 for your sole liability; or (2) You are required by contract or agreement to provide for such addi- tional insured. We have no duty to defend or indemnify the additional insured under this endorsement un- til a claim or "suit" is tendered to us. ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit" brought for damages for which you are provided coverage. 3. With respect to the insurance afforded to the additional insured, the following is added to SECTION II — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits Of Insurance shown in the Declarations. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 4. With respect to the insurance afforded to the additional insured, the following is added to Paragraph 3. Duties In The Event Of Occur- rence, Offense, Claim Or Suit of SECTION II — GENERAL CONDITIONS: The additional insured must: a. See to it that we are notified as soon as practicable of an "occurrence" or an of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occur- rence" or offense took place; CMP-4786.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense; b. Tender the defense and indemnity of any claim or "suit" to us and to all other insur- ers who may have insurance potentially available to the additional insured; and c. Agree to make available any other insur- ance the additional insured has for de- fense or damages for which we would provide coverage under SECTION II — LIABILITY. 5. With respect to the insurance afforded the ad- ditional insured, the following replaces SEC- TION II —LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION II — COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seek contribution from any other insurance available to the additional insured, provided that the additional insured is a named in- sured under such other insurance. b. Regardless of any agreement between you and the additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional in- sured has been added as an additional in- sured on other policies. There will be no refund of premium in the event this endorsement is cancelled. (2) The names and addresses of any in- jured persons and witnesses; and All other policy provisions apply. CMP-4786.1 1007033 148011 08-21-2014 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. A6. R CERTIFICATE OF LIABILITY INSURANCE Do4127/22o s ) 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 poiicy(les) must 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 Sariah Devereaux-Barrientos, Agent 1202 W 1st St statefarrn Santa Ana, CA 92703 A CONTACT NAME: SARIAH DEVEREAUX PHO OX.No..ExO' Ac,Ho):JL4_384_3892 nDDRESS Sariah.devereaux.t8lbCdstatefaml.com INSURER 5 AFFOROMG COVERAGE NAIL 11 INSURER A: State Fann Fire and Casualty Comoan 25?a3 WXRI! INSURED MENTE INC. INSURER B: INSURER C: 6543 E VIA FRESCO ANAHEIM, CA 92807 INSURER D: 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 T TYPE OF INSURANCE ADO S BR POLICY NUMBER MMDDY EFF MMMD UCYEXP UMTre GENERAL UABILJTY COMMERCIAL GENERAL DABILITV CLAIMS -MADE ❑OCCUR ❑Y iF-] 92-EK-V825-4 0611612019 05116/2020 EACH OCCURRENCE S 1.000,000 D PREMISES jE. aaarrence S MEDEXP(Anycneperson) S 5.000 PERSONAL&ADV INJURY $ GENERAL AGGREGATE S 2,000.000 GENL AGGREGATE POLICY LIMIT APPLIES PER: 7 PRP LOC PRODUCTS -COMNOP AGO $ 2,000.000 S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS AUTOS ❑ FO .CCEen SINGLE LIMIT S BODILY INJURY (Per Person) S BODILY INJURY(Per eWdent) S P�ROPE�R,d ^DAMAGE $ S UMBREWk UAB EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE $ DELI I I RETENTIONS $ WORKERS COMPENSATION ANOEMPLOYERS'DABILITY ANY PROPRIETORIPARTNEWEXECUTIVE YI❑N OFFICEIMEMBER EXCLUDED? (Mandatary In NHl dyea.d"al0eender NIA ❑ V/C STATU- OTH- - MDS E.L. EACH ACCIDENT S E.L. DISEASE -FA EMPLOYE S E.L. DISEASE -POUCV OMIT $ ❑ ❑ Dedu able: 2,00) DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attnh ACORD 101, AddiBonal Remade Sce le. H more slues is mpalred) THE CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD/ 10014'Bel32849.8 01-23-2013 SM Policy No. 92—EK—V825-4 DEVEREAUX, -SARIAH GEORGI THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CMP-4786.1 ADDITIONAL INSURED — OWNERS, LESSEES, OR CONTRACTORS (Scheduled) This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM SCHEDULE Policy Number: 92—EK—V825-4 Named Insured: MENTE INC 12664 CHAPMAN AVE UNIT 1419 GARDEN GROVE CA 92840 4034 Name And Address Of Additional Insured Person Or Organization: THE CITY OF SANTA ANA ITS OFFICERS, EMPLOYEES, AGENTS VOLUNTEERS ARE NAMED AS ADDITIONAL INSURED WITH REGARD TO LIABILITY AND DEFENSE OF SUITS ARISING FROM THE OPERATONS AND USES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED 20 CIVIC CENTER PLZ SANTA ANA CA 92701 4058 SECTION II — WHO IS AN INSURED of SECTION II — LIABILITY is amended to in- clude, as an additional insured, any person or organization shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", or "personal and advertis- ing injury" caused, in whole or in part, by: a. Ongoing Operations (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing opera- tions for that additional insured; or b. Products — Completed Operations "Your work" performed for that additional insured and included in the "products - completed operations hazard". However, Paragraph 1. above is subject to the following: a. The insurance afforded to the additional insured only applies to the extent permit- ted by law; CMP-4786.1 Page 1 of 2 b. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance provided to the additional insured will not be broader than that which you are required by the contract or agreement to provide for such addition- al insured; and c. If the contract or agreement between you and the additional insured is governed by California Civil Code Section 2782 or 2782.05, the insurance provided to the additional insured is the lesser of that which: (1) Is allowed for the satisfaction of a de- fense or indemnity obligation by Cali- fornia Civil Code Section 2782 or 2782.05 for your sole liability; or (2) You are required by contract or agreement to provide for such addi- tional insured. We have no duty to defend or indemnify the additional insured under this endorsement un- til a claim or "suit' is tendered to us. ©, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. CONTINUED 2. Any insurance provided to the additional in- sured shall only apply with respect to a claim made or a "suit' brought for damages for which you are provided coverage. 3. With respect to the insurance afforded to the additional insured, the following is added to SECTION 11— LIMITS OF INSURANCE: If coverage provided to the additional insured is required by contract or agreement, the most we will pay on behalf of the additional insured will be the lesser of the amount of insurance: a. Required by the contractor agreement; or b. Available under the applicable Limits Of 5. Insurance shown in the Declarations. This endorsement shall not increase the ap- plicable Limits Of Insurance shown in the Declarations. 4. With respect to the insurance afforded to the additional insured, the following is added to Paragraph 3. Duties In The Event Of Occur- rence, Offense, Claim Or Suit of SECTION 11— GENERAL CONDITIONS: The additional insured must: a. See to it that we are notified as soon as practicable of an "occurrence' or an of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and CMP-4786.1 CMP-4786.1 Page 2 of 2 (3) The nature and location of any injury or damage arising out of the 'occur- rence" or offense; b. Tender the defense and indemnity of any claim or "suit' to us and to all other insur- ers who may have insurance potentially available to the additional insured; and c. Agree to make available any other insur- ance the additional insured has for de- fense or damages for which we would provide coverage under SECTION 11 — LIABILITY. With respect to the insurance afforded the ad- ditional insured, the following replaces SEC- TION II —LIABILITY of Paragraph 7. Other Insurance of SECTION I AND SECTION 11 — COMMON POLICY CONDITIONS: a. This insurance is primary to and will not seek contribution from any other insurance available to the additional insured, provided that the additional insured is a named in- sured under such other insurance. b. Regardless of any agreement between you and the additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional in- sured has been added as an additional in- sured on other policies. There will be no refund of premium in the event this endorsement is cancelled. All other policy provisions apply. D, Copyright, State Farm Mutual Automobile Insurance Company, 2013 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1007033 148011 08-21-2014