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HomeMy WebLinkAboutRamirez, Daniel 2M AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in efftt a M € Return form to the Deputy Clerk of the Council (M -30). Call 647 -6520 if j� i; have ally t questions. y -- - - - - - - - - - - - - - - - -- -- - - - - - - - - The agreement with was completed on ( ll and final payment has been made. V. Department: Signature:J��� Date: �. City of Santa Ana Revised 4 -16 -87 Clerk of the Council i t,' (J~cs (I<... CiJ.r,-dl) htJ INSURANCE ON FilE WORK MAY PROCEED UNTil INSURANCE EXPIRES 1/-/{)-{)3 CLERK 01 COUNCIL DATE, 9-.#;-0.3 N-2003-096 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this day of ,2003 by and betwee~ a sole proprietor (hereinafter "Consultant"), and the City of Santa Ana, a chart~'ffiY~fifurtlcipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of dance instruction to teach a class of FolkIorico-Mexican Traditional dance. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A 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 A. The total sum to be expended under this Agreement, shall not exceed $10,000.00.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2004, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of Parks, Recreation and Community Services and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be 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 Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance 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$I,OOO,OOO per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the 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 commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Reserved. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: 2 (i) Consultant shall maintain all insurance required above in 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 in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification oftermination. 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. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (I) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense ofthe City, including fees and costs for special counsel to be selected by the City. regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason ofthe terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpubIic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. 3 Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner 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.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 571-4235 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 4 To Consultant: Daniel Ramirez 13901 Fernwood Drive Garden Grove, California 92843 Telefacsimile (714) 636-3308 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state. County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 5 a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other govemmental agencies. Consultant shall notify the City immediately and in writing of his inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ~~:"~...L~ A TRICIA E. HEALY Clerk of the Council .::z::.. DAVIDN. REA City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By ~n:z Laur Sheedy Assistant City Att rney RECOMMENDED FOR APPROVAL: CONSULTANT ~ JON "RIP" RIBBLE Executive Director of the Parks, Recreation and Community Services Agency _:D~'~{l",~ DANIEL RAMI Z 0 - Tax ID# 606-16-3218 7 EXHIBIT A SCOPE OF SERVICES L CLASS OBJECTIVE A. Consultant shall conduct children's after-school dance class, training children in Danza Folklorico/ Mexican Traditional dance in Floral costumes. B. Consultant will confer with City staff to set class time and location, including the days and hours class will be taught, the location of said classes and the holidays which will be observed. C. Consultant will provide and be responsible for equipment, records, personnel and clean up of the facilities and materials necessary to ensure the effectiveness of said instruction. II. CLASS SIZE - REGISTRATION A. The minimum number of participants is 20 per class. The maximum number is 50 per class session. B. No registration will be accepted after the second week of classes. C. In the event the minimum number of enrollees is not realized by the second week of classes, the class shall be canceled. Consultant will be under no obligation to provide services and City will have no obligation to compensate Consultant. III. FEES A. The fee to participants shall be no more than $20.00 per month per participant. No refunds shall be made to participants unless class is canceled, as set forth in Section II, C., above. B. City shall register and collect fees from each participant in the class during the registration period. City agrees to pay Consultant seventy percent (70%) of the total fees collected each month. City and Consultant agree that City shall retain thirty percent (30%) ofthe fees collected. C. Consultant agrees that City shall be entitled to audit Consultant's records to ensure compliance with the Agreement 8 " . . . EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 9270 I; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective. ) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 9 i}dministrative Office 1400 American Lane Schaumburg, Illinois 60196 N - d, OD3 -0910 STEADFAST INSURANCE COMPANY A ZURICH COMPANY CERTIFICATE OF LIABILITY INSURANCE Policy Number: EOL5281394-00 Fitness and Wellness Purchasing Group Certificate Number: 0393366 NAMED 0393366 Daniel Ramirez AGENT Fitness and Wellness Insurance Agency INSURED NAME AND 380 Stevens Avenue, #115 AND 13901 Fernwood MAILING Solana Beach, CA 92075 MAILING ADDRESS ADDRESS Garden Grove, CA 92843 800-395-8075 - L1C#OD28716 POLICY PERIOD: From: 11/10/03 To: 11/10/04 THIS CERTIFICATE OF LIABILITY INSURANCE FORMS A PART OF THE POLICY REFERENCED ABOVE. INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. THE INSURANCE COVERAGE PROVIDED UNDER THIS CERTIFICATE IS SUBJECT TO ALL THE TERMS, CONDITIONS, AND EXCLUSIONS OF THE POLICY IDENTIFIED ABOVE. COVERAGES LIMITS OF INSURANCE Bodily Injury, Property Damage or $1,000,000 Each Occurrence Lim it Professional Incident Personal and Advertising Injury Limit $1,000,000 Anyone Person or Organization - General Aggregate Limit (Other than $3,000,000 Products/Completed Operations) Products/Comnleted ODerations $3,000,000 Aaareaate Limit Coverage D Medical Expenses $ 2,500 Any One Person Coverage E Sexual andlor Physical Abuse Liability $ 100,000 Each Claim Limit! $ 300,000 Annual Aggregate Limit Coverage F Employer's Liability (Only available in Only in State(s) where this Insurance applies: the following States: ND, OH, WVA, WA and WY) $ 100,000 Bodily Injury by Accident - Each Accident $ 100,000 Bodily Injury by Disease - Each Employee $ 500,000 Aggregate Limit - Employer's Liability Damage to Premises Rented to You $ 100,000 Any One Premise The most we will pay for any occurrence, or related occurrence that triggers Bodily Injury, Property Damage or Professional Incident or any combination thereof is the each occurrence limit. Payments made under Sexual and/or Physical Abuse, Medical Expenses, Employers Liability (where applicable), and Damages to Premises Rented to You deplete the general aggregate limit of liability. Location of all premises you own, rent or occupy: 1) Various Premium: RPG FEE: Taxes/Filing Fees: 234.00 Included Included IF YOU HAVE ANY QUESTIONS CONCERNING THIS CERTIFICATE CONTACT: FITNESS AND WELLNESS INSURANCE AGENCY - 800-395-8075 Jeffrev E. Frick Authorized Representative Form #: Certl NOVEMBER 17.2003 Date ~-JU {;~ //2-. ~ "-' <..' -, L'.J'..... ...... . '-,'~ .:::_'C'....'" .:;10:,...<::"::.(. r' J. II~ .....'H,..' J,;..'t:..LLN=-~~ ...../..\0,::0(:. t:lLI ~'L "i2~~ i0;B2....'C0Ec.OOI~D.r,iiirER[RLs .. 18S9~&1l6~ NQ.65? ~ ......,.J". '"---" -.;.l ADDITIONAL INSURP.D BNDORSEMID:IT FOR COMr.mRCIAL GENERAl, LIABILQ."Y POLICY . :ftW>>- W 1AkRb1JAt~/lt1J, (Jfy J'I{ /.r . ' ~~.{tac{, . . v'(}w"''''U Wurance C()JIlJlllDY ~.r~ 1fJr:,7!:i . . n is endorsement modifies suc.D ioJDr.mee lIS is affurded by the proVISions of Policy 1/' :DUS?el.~4- Dt> relating to the foIfowina: 1~c.,e..rc4PC>~?fMV 1. The City of Santa Ana, 20 Civic CeJ:rterflaza. Santa ADa, caurOmia 92701; its of ieers, empIo~ aprts, yo.\Qnteera 1II1\tt"P(.;.sej,t",,"iv~s' a.."e 1lllIn=d 118 sddicitl4:lll..insureds . . __" Coo .dditiOll8l insureds") with regard to liability and dr!ense of suits IlrisiDg from the operations. at 1 uses peaormed by or on behalf of the XI8Ill.ed insured: 2. With respect to claims arism,g QOt of the operations and uses perlDrmed by or on hi balt' of the 1WI1~ Wlnd, such bw.I4Ce S$ is affiJrded by thi. policy is prim8ry and is nut a< :litioca1 to 'or conlr1Outnlg with any ofhtr insUl1lllCe carried by or fur the benefit of the a< ditiOWll ~s ....... 3. This.~ applies seplf'Btely to each Wtm:d against whom claim i$lUI1de or 51 it is brouaht except with l'e$pec:t to the company's limit! of liability. The Ulc1'JSiol1 of an}' p non or 0l"g1UIizali0ll1lS m insured sllallllot affect 8111 right which su.ch person or org,wzation " ,uld havll! lIS a cl.abnant if noUo included. '. .,/ , 4. With IespeCt to the additiolllll itlMi:ds, 1his insurancll! sballllOt be cancelled, or II atm:ial.Iy reduced in cuverageor limitll elO:ept lifter thirty (30) days' written lloticS bll'l be~l'. g ven to the City of SlUlUADa, 20 Civic Center Plaza, Santa ADa. c.lifomla 92701. (' :OmpletioIl of the following, Including rountersi.gnattml. is required to make this Clldooement e fet;:tive.) f ffectjve TI J 1C11~ - 1\ /ID/C>4- . thi:5eMorSement forrnas a part of I Jlicy ~ ~~~4-0o caz:nt"l~ f:4. ~~!'{P'" I sued to pl"NlE\.. \2I>+{IteeL- . NlII1led bured /' Co\ll1tersignedb~~ve ~- ;!!$~~~- 2l.~_.:.. .' ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) TM 10/04/2004 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA ITER OF INFORMA liON FITNESS AND WELLNESS INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 380 STEVENS AVENUE, SUITE 206 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SOLANA BEACH CA 9207S ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE -I NAIC# Agency LiC#, 0028716 " . -~- Steadfast Insura':1E~ Company ----- INSURED N- ;)Ot>,j - o9b IINSURE'R A:. +- - DANIEL RAMIREZ INSURER B: 13901 FERNWOOD tJ- ~3 -- 0%-01 -..--- --.. INSURER C: - GARDEN GROVE CA 92843 - T ------ INSURER D: _._0- INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I ADD'L TYPE OF INSURANCE LTR INSRO GENERAL LIABILITY ~,M.,M, ERCIAl GENERAlllABllI" ~ CLAIMS MADElX' OCCUR POLICY NUMBER ~OLICY EFFeCTIVE DATE MMIODNY 11/10/03 I P~.i~EY'~~~~'" i LIMITS - ---- 11/10/04 I EACH OCCURRENCE 4== 1,000,000 !OAMAGETORENTED- $ 10000'0 ,.PFFUI~F~ IF. t\tV""....n~"l) _. ____ .m . .~_ ____ , MED. EXP (Any Dne person) $ 2,500 PERSONAL & ADV INJURY $ _ 1,000,000 ~~NERAL AGGREGATE $ 3,<!.~O,OO~ PRODUCTS.COM~!~ AGG. $ __"_ 3,000,000_ EOLS281394-Q0 A GEN'L AGGREGATE LIMIT APPLIES PER: ----xl POLICY iUl PROJECT n LOCi ,I AUTOMOBILE LIABILITY III ANY AUTO , ALL OWNED AUTOS :~.. SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS -~ COMBINED SINGLE LIMIT I ~:~:~:~~RY 1$ -- (Per person) 1$ BODILY INJURY t- (Peracddent) PROPERTY DAM~GE--- : ' (Per accident) GARAGE LIABILITY I~' ANY AUTO I' EXCESS I UMBRELLA LIABILITY J OCCUR D CLAIMS MADE ~ DEDUCTIBLE II I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERlMEMBER EXCLUDED? lfyell,dncrlbeund.r i SPECIAL PROVISIONS below I J)?j _ '~~Alj2-: ' !dV',1 1.' , I' I I I AUTO ONLY. EA ACCIDENT $ OTHER THAN __10 ACC $ AUTO ONLY: ..-..-. .$ EACH OCCURRENCE $ $ -._--- .f:-=- -== ! I:^,CSTATU- i I OTHER I f--, E.L. EACH ACCIDENT 1$ I AGGREGATE_ _ _.:. E.L. DISEASE-EA EMPLOYEE " E.L. DISEASE-POLICY LIMIT s,____ $ OTHER: I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS CERTIFICATE HOLDER ADDED AS ADDITIONAL INSURED ONLY AS THEIR INTERESTS MAY APPEAR. CERTIFICATE HOLDER The City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92701 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, Irs AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~~~ Jeffrey E. Frick, CEO 0028716 @ACORDCORPORATION1988 Attention: ACORD 25 (2001/08) Certificate # 9293 POLICY NUMBER: EOL5281394-00 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization; The City of Santa Ana 20 Civic Center Piaza Santa Ana CA 92701 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you ~?~/~ CG 20 10 11 85 Copyright. Insurance Services Office, Inc., 1984 Certificate # 9293 02/02/2005 u..~.....,...vlJ"" "1Il I PAGE a"1~O e1 .!~:.!9 .7145714209 PARKS AND RECREATION CeRllF'CATE OF UABILlTY INSURANI;t. _ __ THIS CllRTI1'ICATE '0 I$.uso AS A ....TTon uP I,.,ORJIa'lor. =~~:~~.~,iJ~ ~..r!RTlI'laATE~ , II<<;URlftS AFfORDlNC COVERAGE lIAlC. 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RUf'EC"TlVI" OFFiCEfl$,EMPl.OYIIIa, AG~"f8. voLU~!!l AIltl_IIPI!NTAl1l11!1 ~ c"'~UlD 1M 01=" r.. ~ reIl:IUlEO p(X..1l::15e ~~- 'l!'itttltATION DAn ~GQF, "!\-I!r;. llilWlNC JIlI8~ ... ~~__"~T" lOTMHFT M .""U\ _ J \/'It ell,.'~'" A., a cwlc c.,.r PIG. seatO Ano OA 0101 AI_10m: CHU AC""0 25 ,"""'lOal lDAeoRll CORpORPoTIQH .5ea O",r11flioat. . D It'lL, /I"t! 1'\. r^* :'), T l j11~ ,of 02/02/2005 15:19 U1/~4/~~~~ !~;4~ U'U''dI~'\I~ wltU l'nt j rr:II'" . 7145714209 O:.JO:..Jl;Il;.IClLL f~~~~ AN~ RECREATION rll," 1.'I~~~''"t,':-:':'",,,~,,, j .1 ,.., ,- ."~.' ..,.. y-. PAGE 02 ,,(.;l:1~:.... ~5.)I..P" .-\lJD!TL2~,"'L 1:'1"',1(10:.1' '''!IOR~EMI:'H .na l.'1.l~~fEll(:I.""" !:ij:XFR,\l. LI!\BI1,n\'.I'OY:lC'i" l::'i'.:l.tl~C(: CCmpa..1Y n J.;.-z;:..... 4 W...roll. ....s......- 'rhil' Cmll1rlu"fTl~nt lllQdi:~l'ts llU~:J. il1~,,~ran4:":'l~ 1:1: l1~l;;.r.r.,..d by (1(0 fra.,lsions (,! t.tl'lli~~- * )"").,, ~ " d.ti~'!,..o tho flllloVJj)G: _ c i.. 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II"'U~ $hl.l\ 1I0t aff~r.t ~ny right "ol!lli~" <Dl:h p~~"n or' c~;:ni~r;'-'f,l' \\'",,'.~ld h~\'~ !l~ ~ e't.:ih\~~I' :J fll,l;,;O induie..:i. 4 W:l:, .....;>."1 to ;be "~4ir;"".J !:ll'Jr~&. tI:.i. it'"v""~~ $blIll n<>t be -le~~e)J~cL or m~j..,~ly re(br..~ iu ~(,v'rl.~(! n:- . if\'llt~\ ~.x.::;e.pr: Kft..:t tbirt,y (~O) ci.;,;y~ wnner: notice ha. brco ~:v~r, tn ~'1" romm'",;!)' Rcu.,','eloon:<nt .A.g<;noy ..fIb;; Cil~ ul Sal,1a M\'l, 111 C~~';.: lAl,],,,,,,1 Pltl~<l. fj~~-.2~)., !$.JtOt:,.l "1:1:.~ Cslif()z:1l!! 9:2701_ (Can1rrIG'lrll' or'the folli)'cdn;. :=-tcll1:!in~ Gc.~tersj~IfJ.LUrL:. is required (~mPlkrl thi5 .."1l!"t'$I!n"l"'" ~f:t~"'" v~, I E~cr.thc T/h.J" ;1.0. S'" ______ ~~--""'I ~ thi~ eodortomu:-r.r. fnrrn e! .a; plrt or .P9IiC)'.# I~~cd 00 e 04.- - .,01)." l' -00 _ f1"", ::;- e (.. R.IW'/ r ... If: 1- N:11!1e't1:n~'-l:'c:d Co\;'n.ten:i:~~ by /?~ tiull itcpre~ntati.,"e Au: 4PPR.ovsn AS 1'0 l:'v,...". ~2'-I?- Laura SljU .S:l':c:.U,r Auistant City }'.l.(.,H \1';" . lrpOM FIT',F3S Ar~D WE~LJ\lfSS ir"S~)R,\tJCE (Tf-'U I MA R 9 2 '1 (16 1 -'l : r:: 8 S T I,,"' IJ, IJ., f:i ~:,> fJ 4 2 Cl >3 B ,;: ACORD CERTIFICATE OF LIABILITY INSURANCE ) DATE (MMfDDlYYVY) TM 031051/2006 PRODUCER Phone: (BOO) 3ll5-8075 Fax: (858j519..()822 THIS CERTIFICATE IS ISSUEO AS A MAnER OF INFORMATION FITNESS AND WELLNESS INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIfiCATE 380 STEVENS AVENUE, SUITE 206 ~~~:R. THIS CERTIFICATE DOE~ :';>~:J:MEND. EX~~~ nO: SOLANA BEACH CA 82075 INSURERS AFFORDING COVERAGE NAIC' ., lief 0026716 i------ -------- --- ----~-_._. INSURED N- d-VO?;-rfi(p-O;;L INSURER ~: Zu!iCh American Insurance Company t--- -- DANIEL RAMIREZ N -;).(;o3-v9~-O' INSURER B: 13901 FERNWOOD ._..~ I~NSURER C GARDEN GROVE CA 92843 IV -;).003-090 'NSURER-D~ - --[---- u_ -- INSURER E: COVERAGES THE POLICIES OF INSURANCE LtSTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMeD ABOVE FOR THE F'OLICYP[RIQD INDICATED, NOtWITHSTANDING ANV REQUIREMENT, TERM OR CON DillON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTlf"ICATE !MY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDI~IONS OF SUCH POL!CIES_ AGGREGATE LIMITS SHOWN MAV fil\VE BEEN REDUCED lJV PAlO CLA!MS. H;;R ~~ .. -----.- LTR INSR[] TVPi OF INSURANCE I POLICY NUMBER ~NERAL LIABILITY I ! X CO".,.,ERCIAl GENERALLIABIUTYI' I CLNMS MADE [E OCCUR ~i"~~~ ~;~t:Y,=~N LIMITS EOL9012327-D1 01/10/06 01/10/07 EACH OCCURRENCE DAMAGE!o.RENi!D PREMISE"StF.OGGu~"") MED. [J(p (Anyone F"rson: . . 1,0~ .~~ 2,~_~_ 1,000,000 . ___ 3,~0~ 3,000,000 A f-- f---~------ GENl AGGREGATE LIMIT APPLIES PER: f-c-, .~PRO ~ X I POLlCY ! I JEer . 'LOC PERSCNAl &ADV INJURY _ _~_ GENERAL AGGREGATE $ I ~~oou CT~_~COMP~'~~ ~~~. . AUTOMOBILE LlAEUl..rrY 8 . :::Y:~~DAUTOS SCHEDULED AUTOS HIREO AUTOS I NON-OWNED AUTOS - - COMBINED SINGLE LIMIT (Eaaccide-nt) $ J BODILY INJUHV 'IIP!lfpar$Onl BODILY INJURY (P9l"oocid9tit) s . GARAGE LIABiliTY =] ANY AUTO ~e:SS I UMBRfL.U\ L.lA8tuTY ~. OCCUR 0 CLAIMS MADE HI--, DEDUCTIBLE RETENllON S I I Pp:~~~I~AMAGE . AUTO ONl.. Y : EA ACCIDENT . OTHER THAN AUTO ONLY EA ACC S AGG $ . . ~--- . '- ; EACH OCCURRENCE , ~(;ATE WORKERS COIIPENSATlON AND EMPLOYERS' LIABIL(TY I ""Wi PItOPRlETORIPAJlTNe~eUTIVE OFl'lCl!l'lmEMIlEIt.EXCLUDEO? ,~,",duc:I'lIlIIUIIdW ISPEClAlPROVISlOta_ LjJ:(j / j I /-, fVL '.7'+'. . ~!iT"'T\J-~L~ TOPl_VLlMIT1; O~R - -- E.L. EACH ACCIDENT . E.L DISEASE-EA EMPLOYEE . -- E_L DISEASE-POUCv. IM/T . I OTHER: I i I . DESCRIPTION OF OPERATIONS/LOCATIONSNEJiICLESJEXCLUSIONS ADDED BY ENDORSEMENTI SPECIAl PROVISIONS It is understood and agreed that thQ following eoUty Is added as an additional Insured but onty as respects the operations of the ~med insured except that Uability resulUng from the additional insureds sole negligence. CERTIFICATE HOLDER CANCELLA TlON Tho Cjty of Santa Ana 20 C'vlc Centeor PIau!. santa Ana CA 92702 SHOULD PJfV OF THE ABOVE DESCRIBED POL,CII:.S BE CANCELLE"Q BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURfR WILL MAIL 10 DAYS WRI-:-TEN NOTlCF TO THE CERTWtCATF HOLDER NAMED TO THF LEFT AUTHORIZED REPRESENTATIVE ~~~ Jeffrey E. Frick, CEO @ACORDCORPORATION19Ba Attention: FX: CARLA THOMPKINS 714-571~209 ACORD 25 (2001108) Certificate # 37082 I'::""', Y . . ~~~v F!T~ESS AND WELLN~SS INSURANCE \ T H 'J) MA '" 9 2 C Li G 1 -l C, B /'; I 1 4 I~ -;' /I'J '-' F f< '2 (4::' n" 8 ':' p POLICY NUMBER EOL9012327-01 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS (Form B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization; The City of Santa Ana 20 Civic Center Plaza Santa Ana CA 92702 (If no entry appears above. information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you Primary and noncontributory ~~ CG20 10 1185 Copyright. Insurance Services Office, Inc, 1984 Certificate # 37082