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Fire Prevention Services, Inc. - Weed and Litter Abatement Services - 2025
AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND FIRE PREVENTION SERVICES,INC. THIS AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and FIRE PREVENTION SERVICES, INC., a California corporation(the"CONSULTANT"). RECITALS WHEREAS,all weeds growing or located upon streets, sidewalks, or private property are declared to be a public nuisance pursuant to National City Municipal Code section 9.12.020. WHEREAS, the CITY desires to employ a CONSULTANT to provide weed and litter abatement services. WHEREAS,the CITY has determined that the CONSULTANT is a sole provider of weed and liter abatement services according to our legal standards and is qualified by experience and ability to perform the services desired by the CITY,and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide weed and litter abatement services, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement shall not become effective and binding until fully executed by both the CITY and CONSULTANT. The duration of this Agreement is for the period of May 19, 2025 through May 18, 2028. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three (3) one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. CONSULTANT shall abate, or cause to be abated, nuisances created by weeds, rubbish, litter, junk, combustible materials, and any unnecessary accumulations of wastepaper, boxes, or shavings which are so situated on the premises as to endanger life or property(the "Project"). The CONSULTANT will perform services as set forth in the attached Exhibit"A". Agreement for Fire Prevention Services Page 1 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services,except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit"A"to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Robert Hernandez hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement.The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Kenny Osborn thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be as set forth in the attached Exhibits"B"and "C". The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three(3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work,the manner of performance, and/or the compensation payable to the CONSULTANT in this Agreement,the CITY or the CONSULTANT shall give to the other written notice.Within ten(10) business days,the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance, and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (1) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, Agreement for Fire Prevention Services Page 2 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use,reuse,alter,reproduce,modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 15, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT's agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT's obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein,shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City,whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S),shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally Agreement for Fire Prevention Services Page 3 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. required to practice its profession. CONSULTANT must promptly produce a copy of any such license,permit,or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations.The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now,nor has it for the five(5)years preceding, been debarred by a governmental agency or involved in debarment, arbitration, or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes, or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform,within the time requirements of the CITY,or,when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes, or treatments identified in the project documents prepared for the CITY are reasonably commercially available.Any failure by the CONSULTANT to use due diligence under this sub-section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. DRUG FREE WORKPLACE. The CONSULTANT agrees to comply with the CITY's Drug-Free Workplace requirements. Every person awarded a contract by the CITY for the provision of services shall certify to the CITY that it will provide a drug-free workplace. Any subcontract entered into by the CONSULTANT pursuant to this Agreement shall contain this provision. 14. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age,race,color,ancestry,religion,sex,sexual orientation,marital status,national origin,physical handicap, or medical condition. Such action shall include,but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training,including apprenticeship.The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. Agreement for Fire Prevention Services Page 4 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. 15. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 15, however, shall not apply to any part of the information that(i)has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports,recommendations,conclusions, or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder,the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm, or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition,pursuant to the provisions of Section 16. 16. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, the CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability,loss,damages to property,injuries to,or death of any person or persons,and all claims, demands, suits, actions,proceedings,reasonable attorneys' fees, and defense costs,of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY,its agents, officers, employees, or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel,reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 17. EMPLOYEE PAYMENTS AND INDEMNIFICATION. 17.1 PERS Eligibility Indemnification. If CONSULTANT's employee(s) providing services under this Agreement claims,or is determined by a court of competent jurisdiction or the California Public Employees Retirement System("PERS") to be eligible for enrollment in PERS of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. Agreement for Fire Prevention Services Page 5 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. CONSULTANT'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or(5)be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONSULTANT's employees hereby waive any claims to benefits or compensation described in this Section 17. This Section 17 applies to CONSULTANT notwithstanding any other agency, state, or federal policy, rule, regulation, law, or ordinance to the contrary. 17.2 Limitation of CITY Liability. The payment made to CONSULTANT under this Agreement shall be the full and complete compensation to which CONSULTANT and CONSULTANT's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONSULTANT nor CONSULTANT's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave,or other fringe benefits applicable to CITY employees.The CITY will not make any federal or state tax withholdings on behalf of CONSULTANT.The CITY shall not be required to pay any workers' compensation insurance on behalf of CONSULTANT. 17.3 Indemnification for Employee Payments. CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONSULTANT, (2) any employee of CONSULTANT, or(3) any employee of CONSULTANT construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 18. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code, and all amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented,brought,or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 19. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement,the following insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions)with minimum limits of$1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non-owned, and hired vehicles. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds,and a separate additional insured endorsement shall be provided. Agreement for Fire Prevention Services Page 6 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. C. Commercial General Liability Insurance, with minimum limits of either $1,000,000 per occurrence and $2,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations,work,or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this"project"or"location". The"project"or"location"should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least$1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY,its officers,officials,employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence"form,the CONSULTANT shall maintain such insurance coverage for three(3)years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City do Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide,or a company of equal financial stability that is approved by the CITY's Risk Manager. In the event coverage is provided by non- admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 19 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self-insured retentions in excess of ten-thousand dollars ($10,000)must be disclosed to and approved by the CITY. CITY reserves the right to modify the Agreement for Fire Prevention Services Page 7 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. insurance requirements of this Section 19, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits(or both) than the minimum limits shown above,the CITY shall be entitled to the broader coverage or higher limits(or both)maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 20. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement,then in that event,the prevailing party in such action or dispute,whether by final judgment or out-of-court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall,in addition,be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 21. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon sixty (60) day's written notice to the CONSULTANT. During said sixty(60)day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination,not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors;or(3)a business reorganization, change in business name, or change in business status of the CONSULTANT. 22. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or Agreement for Fire Prevention Services Page 8 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail,the business day following its deposit in such overnight mail facility,(iii)if mailed by registered, certified, or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service,(iv)if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or(v) if given by telex, telecopy, facsimile, or fax, when sent. Any notice, request, demand, direction, or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Robert Hernandez Division Chief/Fire Marshal Fire Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONSULTANT: Kenny Osborn,President Fire Prevention Services, Inc. PO Box 1720 El Cajon, CA 92022 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request, or communication sent. Any notice, request, demand, direction, or other communication sent by cable,telex,telecopy, facsimile,or fax must be confirmed within forty-eight(48)hours by letter mailed or delivered as specified in this Section. 23. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process, or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code.The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically,the CONSULTANT shall file a Statement of Economic Interests with the City Clerk Agreement for Fire Prevention Services Page 9 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs, or expenses the CITY may suffer by virtue of any violation of this Section 23 by the CONSULTANT. 24. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wage rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4,and 1771.Consultant is solely responsible to determine if state prevailing wage rates apply and, if applicable,pay such rates in accordance with all laws, ordinances, rules, and regulations. 25. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday, or federal, state,or legal holiday,then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday, or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original,but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein,the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto,to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes.To the extent any exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment&Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. J. Audit. If this Agreement exceeds ten-thousand dollars($10,000),the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement,per Government Code Section 8546.7. K. Entire Agreement. This Agreement supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between the Agreement for Fire Prevention Services Page 10 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto,or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY,both the insurance provisions in Section 19 and the indemnification and hold harmless provision of Section 16 of this Agreement. N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation, and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and(vi)any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year written below. CITY OF NATIONAL CITY FIRE PREVENTION SERVICES, INC. By: By: Ron Morrison, Mayor Kenny Osborn, President Date: S 8 - Date: 9--a-°a s APPROVED AS TO FORM: resa Osbo , Secretary By: -tfL Barry J. Schultz, City Attorney Date: V- 7-a.d Date: S- Agreement for Fire Prevention Services Page 11 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. EXHIBIT A SCOPE OF WORK CONSULTANT shall, as directed by the City, abate, or cause to be abated, nuisances created by weeds, as defined in National City Municipal Code ("NCMC") section 9.12.020, rubbish as defined in NCMC section 9.16.010, litter as defined in NCMC section 7.14.010,junk as defined in NCMC section 7.12.010, combustible materials, or any unnecessary accumulations of wastepaper,boxes,or shavings which are so situated on a premises as to endanger life or property. Specifically, CONSULTANT shall perform the following tasks: 1. CONSULTANT shall comply with all provisions of this Agreement, the NCMC, and the Reduction and Clearance Standards. 2. CONSULTANT shall perform surveys of the City to document potential public nuisances at the direction of the Fire Marshal, or designee. 3. Once CONSULTANT receives a complaint from the CITY, the CONSULTANT shall perform the following tasks for each complaint: a. Perform a search in the County's records to determine the property owner; b. Inspect the premises; c. Contact the Fire Marshal, or designee. The Fire Marshal, or designee, shall inspect the premises; d. The Fire Marshal, or designee, shall determine whether there is a public nuisance on the premises; e. If the Fire Marshal, or designee, determines that a public nuisance exists, CONSULTANT shall draft a Notice to Abate ("Notice") in compliance with Title 1 of the NCMC. The Fire Marshal, or designee, shall determine the time frame by which the abatement must occur; f. Serve the Notice. CONSULTANT shall serve the Notice pursuant to Title 1 of the NCMC; g. Monitor property owner's compliance with Notice; h. If property owner fails to abate the nuisance within the time frame in the Notice, CONSULTANT shall photograph the alleged nuisance on the premises and prepare a Final Notice to Abate("Final Notice")in compliance with Title 1 of the NCMC.The Fire Marshal,or designee, shall again determine the time frame by which the abatement must occur; Agreement for Fire Prevention Services Page 12 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. i. CONSULTANT shall serve the Final Notice pursuant to Title 1 of the NCMC; j. CONSULTANT shall return telephone calls received from property owners or any resident of the City of National City within forty-eight hours of receipt of the message; k. If the property owner still fails to abate the nuisance within the time frame in the Final Notice,CONSULTANT shall notify the Fire Marshal,or designee,of the failure to abate. 4. Upon the Fire Marshal's, or designee's, written authorization, abate nuisance at the CONSULTANT'S sole expense. CONSULTANT shall furnish personnel and all machinery, equipment, and materials needed to perform the abatement. CONSULTANT shall remove from the-premises, and properly dispose of, all debris and material resulting from the abatement. CONSULTANT shall leave the abated premises clean, free of all debris, tools, and equipment. CONSULTANT shall leave all streets, sidewalks, curb, and gutter areas clean. CONSULTANT shall not scavenge the rubbish, litter, combustible materials, or junk removed from the premises. CONSULTANT shall complete the abatement to the Fire Marshal's, or designee's, satisfaction within 15 business days of CONTRATOR'S receipt of written authorization, unless otherwise mutually agreed upon by the Fire Marshal, or designee, and CONSULTANT. CONSULTANT shall take all reasonable measures to minimize inconvenience to City personnel and the public. CONSULTANT shall comply with all applicable State and local safety regulations; a. Prepare a binder for the Fire Marshal, or designee, on the abatement. The binder shall include, but not be limited to, hard copies of the following documents: a copy of the complaint;the results of the search of County records for ownership;a copy of the Notice; copies of documents evidencing service of the Notice by certified mail; photographs of the premises taken after the time frame in the Notice has expired; a copy of the Final Notice; photograph evidencing the posting of the Final Notice; photographs of the premises taken after the time frame in the Final Notice has expired; copy of the authorization to abate signed by the Fire Marshal, or designee; copies of any communications between CONSULTANT and the property owner;copy of the narrative describing specifically how the abatement was accomplished; photographs of the premises after the abatement; and copy of the invoice sent to the property owner; b. Appear and testify at the appeal hearing, if any; c. CONSULTANT shall attend a meeting with City staff in the month of May to prepare for the Public Confirmation of Costs hearing. CONSULTANT shall meet with the Fire Marshal, or designee, and other City staff when requested to do so by the Fire Marshal, or designee. d. By June 1 of each year, CONSULTANT shall prepare, and deliver to the Fire Marshal, or designee, a binder for the Confirmation of Costs hearing for the Fire Marshal, or designee. The binder shall include, but not be limited to, hard copies of the contents of each of the binders prepared pursuant to Section 4.a.,above. In addition,this binder shall include 1) a list of all properties inspected; and 2) a list of properties that received a Notice,but that CONSULTANT did not abate. Agreement for Fire Prevention Services Page 13 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. e. CONSULTANT shall attend the City Council meeting at which the Public Confirmation of Costs hearing is held and shall be prepared to answer questions from the City Council. f. CONSULTANT shall inform the Fire Marshal, or designee, if the proposed abatement will take place on sensitive habitat. The Fire Marshal, or designee, shall determine how the abatement will be accomplished in order to prevent, eliminate or minimize the negative impact to sensitive habitat. 5. If CONSULTANT fails to perform any task required by this Agreement,the NCMC,or fails to comply with the Reduction and Clearance Standards, to the satisfaction of the Fire Marshal, or designee, CONSULTANT shall perform that task again, at the written direction of the City, at no additional cost to the property owner. In the event that the City determines that re performance of the task will not cure the defect in performance, the City shall have the option to contract with a separate entity to complete the work, or the City shall complete the task itself, and the CONSULTANT shall be liable to the City for the costs of that work. 6. CONSULTANT shall provide the City a monthly report containing the following information: a. Number of citizen reported violations ; b. Number of inspections performed; c. Number of notices sent; d. Number of abatements performed by CONSULTANT; e. Number of abatements performed by the property owner; and f. Total number of premises in compliance. 7. The CITY shall be responsible for the following tasks: a. Receive all complaints and make CONSULTANT aware of the complaints; b. Establish time frames for compliance; c. Communicate to CONSULTANT when an appeal to a Notice or a Final Notice is filed with the City Clerk; d. Determine whether a public nuisance exists on a premises; e. Determine whether CONSULTANT will abate the nuisance; f. Determine whether a property subject to a complaint is on sensitive habitat and determine the abatement methods,if any,that will be used on that property; Agreement for Fire Prevention Services Page 14 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. g. Schedule public hearings to confirm costs. h. Record a nuisance abatement lien or special assessment against a property pursuant to Title 1 of the NCMC. i. Deliver to CONSULTANT funds received by the City pursuant to a nuisance abatement lien or a special assessment on property abated by CONSULTANT upon written authorization of the Fire Marshal, or designee. • Agreement for Fire Prevention Services Page 15 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. EXHIBIT B COMPENSATION CONSULTANT shall receive compensation for services pursuant to this Agreement from property owners, and not the City. Specifically, CONSULTANT shall receive compensation in the following situations: 1. If the property owner complies with the Notice and abates the public nuisance, CONSULTANT shall not receive any compensation from the property owner. 2. If the property owner fails to comply with the Notice,but complies with the Final Notice and abates the public nuisance, CONSULTANT may send an invoice to the property owner for the Administrative Fee pursuant to the Fire Prevention Services Schedule of Fees, attached as Exhibit C. 3. If CONSULTANT abates the public nuisance upon written authorization of the Fire Marshal, or designee, CONSULTANT may send an invoice to the property owner for actual costs of the abatement and the Administrative Fee,pursuant to the Fire Prevention Services Schedule of Fees, attached as Exhibit C. 4. If the property owner does not pay the costs of the abatement within 30 days of service to the property owner of the resolution of the City Council approving, modifying, or correcting the amount of the costs, the City may record a nuisance abatement lien or special assessment against the property pursuant to Title 1 of the NCMC. 5. Funds received by the City pursuant to a nuisance abatement lien or a special assessment on property abated by CONSULTANT upon written authorization of the Fire Marshal, or designee, shall be delivered to CONSULTANT annually. Agreement for Fire Prevention Services Page 16 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. EXHIBIT C FIRE PREVENTION SERVICES SCHEDULE OF FEES FOR THE CITY OF NATIONAL CITY Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $300.00 B. per parcel, sized 7,501 to 15,000 square feet $390.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $480.00 D. per parcel, sized 30,001 square feet to one acre $540.00 E. per square foot over one acre $00.04 Hand Labor A. per square foot of area abated $0.14 RC Track Mower A. per square foot of area abated $00.08 B. move-on fee $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $48.00 B. dump fees (reimbursement of cost) Administrative Fee(failure to comply by deadline of notice) A. per parcel $450.00 Attorney Services A. per parcel,per hour $385.00 Assessment Fees(includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel $350.00 Miscellaneous Fees per Parcel A. special inspection fee $50.00 B. NOA $50.00 C. Interest on NOA(apr) 10% D. release of NOA $50.00 E. public notary $20.00 F. file duplication fee $50.00 G. unscheduled Labor per man hour $85.00 H. unscheduled fees (reimbursement of cost) Agreement for Fire Prevention Services Page 17 of 17 City of National City and May 19,2025 through May 18,2028 Fire Prevention Services,Inc. �..,40 FIREPRE-01 ATIMMERMAN ACOR0 DATE(MM/DD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 4116/2025 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). CONTACT PRODUCER NAME: Teague Insurance Agency,Inc. 7777 Alvarado Rd.,#515 jA/c°,"N,Ext):(619)464-6851 (NC,No):(619)668-4715 La Mesa,CA 91942 E-MAIL ADDRESS.info@teagueins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Kinsale Insurance Company 38920 INSURED INSURER B:United Financial Casualty Company 11770 Fire Prevention Services,Inc. INSURER C:Ohio Security 24082 P.O.Box 1720 INSURER D:Gemini Insurance Company 10833 El Cajon,CA 92022 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 SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRINSD wV0 IMM/DDIYYYYI (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 0100241470-1 5/23/2024 5/23/2025 DAMAGE TO RENTED 100,000 X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER $ COMBINED SINGLE LIMIT 1,000,000 B AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO X 00878693 2/5/2025 8/5/2025 BODILY INJURY(Per person) $ --' OWNED X SCHEDULED _ AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OV NED r PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY - UMBRELLA LIAB - OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY OFFICER/MEMBER/EXCLUDED?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 $ C Equipment Floater BKS56121556 4/29/2025 4/29/2026 Limit 100,000 D Errors&Omissions VCPL06707 1/23/2024 1/23/2025 Each Claim/Aggregate 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The City of National City,and its officers,agents,employees,and volunteers are included as additional insured for ongoing operations,when required by written contract or agreement.with respects to General Liability and Auto Liability,per attached forms.Waiver of Subrogation applies to the Workers Compenstion per attached endorsement form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof National CityTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/o Risk Manager 1243 National City Boulevard National City,CA 91950 AUTHORIZED REPRESENTATIVE)) ��� I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100241470-1 05/23/2024 12:01AM at the Named Insured Fire Prevention Services Inc address shown on the Declarations Additional Premium: Return Premium: $0 $0 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 Blanket, as required by written contract,executed prior to Locations as required and specified by written contract, the start of work on the project. executed prior to the start of work on the project. The City of El Cajon-as required by written contract, Locations as required and specified by written contract, executed prior to the start of work on the project. executed prior to the start of work on the project. 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 B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", This insurance does not apply to "bodily injury" or "property damage" or "personal and advertising "property damage"occurring after: injury" caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs)to be performed by or in the performance of your ongoing operations on behalf of the additional insured(s) at the for the additional insured(s) at the location(s) location of the covered operations has been designated above. completed, or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted other than another contractor or by law; and subcontractor engaged in performing 2. If coverage provided to the additional insured operations for a principal as a part of the is required by a contract or agreement, the same project. insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III —Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 2 of 2 Policy number: 00878693 FIRE PREVENTION SERVICES INC Page3 of 4 Additional Insured information 1. Additional Insured ALPINE FIRE PROTECT 1364 TAVERN RD ALPINE,CA 91901 2. Additional Insured BONITA-SUNNYSIDE Fl 4900 BONITA RD BONITA,CA 91902 3. Additional Insured CEDAR REALTY GROUP 7660-H FAY AVE LA JOLLA,CA 92037 4. Additional Insured CITY OF CALEXICO 608 HEBER AVE CELXICO,CA 92231 5. Additional Insured CITY OF ENCINITAS 505 VULCAN AVE ENCNITAS,CA 92024 6. Additional Insured CITY OF ESCONDIDO 201 N BROADWAY ESCONDIDO,CA 92025 7. Additional Insured CITY OF NATL CITY 1243 NATL CITY NATIONAL CITY,CA 91950 8. Additional Insured CITY OF SAN DIEGO 1200 THIRD AVE SAN DIEGO,CA 92101 9. Additional Insured COUNTY OF IMPERIAL 801 W MAIN ST EL CENTRO,CA 92243 10. Additional Insured Lennar Corporation Insurance Compliance PO BOX 100085-LC Duluth,GA 30096 11. Additional Insured MAAC 1355 Third Ave Chula Vista,CA 91911 12. Additional Insured Otay Mesa Sales Inc 1596 Radar Rd San Diego,CA 92154 13. Additional Insured Rin-Con Del Diablo Water District 1920 North Iris Lane Escondido,CA 92026 14. Additional Insured San Miguel Fire District Fire Marshall 2850 Villa Orange Way Spring Valley,CA 91978 Continued Form 6489 CA(05/21) Policy number: 00878693 FIRE PREVENTION SERVICES INC Page4 of 4 15. Additional Insured Steven&Patsy Worley DBA:Blue Main LIc 1651 E Main St#204 El Cajon,CA 92021 16. Additional Insured Thre State Investment Co&Pacific Coast Commercial 4344 Convoy St San Diego,CA 92111 17. Additional Insured Thrifty Oil Company 13116 Imperial Highway Santa Fe Springs,CA 90670 18. Additional Insured THE ORDEN COMPANY, LLC 13116 IMPERIAL HIGHWAY SANTA FE SPRINGS,CA 90670 Important coverage notice Please inform us if your business owns any vehicles that are not currently described on the Declarations Page. Remember that all vehicles owned by your business must be specifically described on the Declarations Page at the beginning of each policy term for Any Auto Liability coverage to apply to an owned, unlisted vehicle during the term. Important Notice For your protection California law requires the following to appear on this form.Any person who knowingly presents false or fraudulent information to obtain or amend insurance coverage or to make a claim for the payment of a loss is guilty of a crime and may be subject to fines and confinement in state prison. Company officers a.7 President Secretary Form 6489 CA(05/21)