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Home My WebLink AboutITERIS INC. 1 -2004 t~PMJIt (t. .(~J4I.\",) 'INSUR'IÌNCE ON FILE . WORK MAY PROCEED UNT!~ IN, SURANÇE EXPIRES ./j -I-().l- CLERK OF COUNCIL. .J OATE: 1- ~óI-()'t sf- T; THIS AGREEMENT made and entered into this ~ I day of ...IM¿¡a.r~, 2003 by and between ITERIS, Inc., a Delaware corporation (hereinafter "Consulta t"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution ~1l1d Lt\\S oCthe State c)CC"liflJlll;" (hcrciml'kT "City'} N-2004-003 CONSULTANT AGREEMENT RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of repair and maintenance of the ITIS computer system. 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 ITom 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 monthly preventative maintenance services for the Santa Ana ITIS system, 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 $9,860.00 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 the Public Works Agency 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 $1 ,000,000 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. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the 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. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. 2 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. 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. (ii) (iii) f. 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 of termination. 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: (1) 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 of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 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 3 like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 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- I 988 telefacsimile (714) 647-6956 With courtesy copies to: Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-2 I) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5670 and, 4 : City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: ITERIS, Inc. 1515 S. Manchester Avenue Anaheim, California 92802 Telefacsimile (714) 780-7266 Attn: Marc Porter 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. II. 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 5 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: 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 governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 6 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 attomey'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 iffully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: - , CITY OF SANTA ANA ~ ~REAM City Manager PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney ^. B ", ~ ~! .J. y: ' ((.tAA t.!.,,"' ." I. (; p(v/ Lalita Stitt Sheedy Assistant City Attorney RECO:;ErJmROVAL JA ES G. ROSS ¥ecutive Director of the Jublic Works Agency CONSULTANT ¿; 1 .2:1- 1 ~~~jU-> MARC PORTER Associate Principal Ct' .. S . ¿Gl5~/£2.3 Employer ID # or Individual SS # 7 Statement of Work Task 1 System Maintenance Iteris staff will perform preventative maintenance on a monthly basis to maximize the utility of the Santa Ana ITIS deployment. Preventative maintenance will include inspection of hardware components, disk defragmentation, virus checks, and system log review. As hardware replacements are required, Iteris staff will document the deficiency(ies) for Santa Ana staff and recommend replacement strategies. Task 2 Project Management I Status Reporting Iteris staff will generate a monthly activity report for the contract. This activity report will document the services delivered for the month as well as generate the necessary invoice for payment. EXHIBIT A Statement of Work FIXED PRICE LABOR HOUR PROPOSAL FOR ON-CALL SERVICES FOR THE SANTA ANA ITIS SYSTEM Iteris, Inc. proposes the following: I. STATEMENT OF WORK Provide on-call services for the City of Santa Ana ITIS System as defined in the attached statement of work to correspond to the following task estimates: Task I. System Maintenance Task 2. Project Management I Status Total Labor Hours 53 ..2 58 FIXED PRICE LABOR RATE $ 170.00 Estimated Hours 58 Rate $ 170.00 Price $ 9,860 TOTAL PRICE $ 9,860 This price proposed herein is quoted net, FOB destination and is contingent upon the terms and conditions set forth in the subsequent pages of this proposal. Marc Porter Associate Principal Iteris, Inc. Date: For: November 25, 2003 City of Santa Ana Santa Ana, CA '. II. III. IV. V. Santa Ana ITIS Maintenance PERIOD OF PERFORMANCE The Period of Performance for the effort specified in Part I above shall be from December 1,2003 through June 30, 2004. DELIVERY/FULFILLMENT OF OBLIGATION Fulfillment ofIteris's obligation shall be by expenditure of dollars as recorded in Iteris's approved accounting system. TYPE OF CONTRACT For the effort described herein, Iteris will accept a Firm Fixed Price Labor Hour Plus Expenses Agreement incorporating Parts I through III above and the following: A. TERMS AND CONDITIONS Iteris reserves the right to review and negotiate terms and conditions not contained herein. B. PAYMENT Invoices shall be approved by an Iteris accounting supervisor and submitted on a monthly basis. Invoice amounts shall be based upon recorded hours and expenses as stated in Iteris' s approved accounting system. Expenses shall be invoiced at Iteris costs plus 10% handling. GENERAL A. This proposal shall be valid through December 31, 2003. B. Conditions and Assumptions The Fixed Price Labor Hour rate of $ I 70.00/hour is valid for the specified Period of Performance only. c. Authorized representative/negotiator for this proposal is: Marc Porter Associate Principal (714) 780-7712 . . 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, Califomia 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, Califomia 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 8 '.- MARSH CERTIFICATE OF INSURANCE CERTIFICATE NUMBER LOS,000203859,04 PRODUCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS Marsh Risk & Insurance Services NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE 4695 MacArthur Court, Suite 700 POLICY. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE (949) 399-5800 AFFORDED BY THE POLICIES DESCRIBED HEREIN. License #0437153 COMPANIES AFFORDING COVERAGE I Newport Beach, CA 92660 COMPANY 40"80,01-01- A Hartford Fire Insurance Company INSURED COMPANY Iteris, Inc. & Meyer Mohaddes B St. Paul Fire & Marine Insurance Company Associates Inc. 1515 S. Manchester Avenue COMPANY Anaheim, CA 92802 C Royal Insurance Company of America COMPANY D N/A COVERAGES This certificate supersedes allP, repl;aces any previously issued certificate for the ponty period noted below. 9 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED NOTVv1THSTANDJNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CONDITIONS AND EXCLUSIONS OF SUCH POLlCIES- AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE (MMIDDNY) DATE (MM/OONY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 A X COMMERCIAL GENERAL LIABILITY 72CESOA 1989 04/01/03 04/01/04 PRODUCTS - COMP/OP AGG $ 2,000,000 , I CLAIMS MADE ŒJ OCCUR PERSONAL & ADV INJURY $ 1,000,000 I ~ OWNER'S & CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Anyone fire) $ 300,000 MED EXP (An" one ~erson $ AUTOMOBILE LIABILITY $ 1,000,000 X COMBINED SINGLE LIMIT B .:..-. ANY AUTO TE06101251 04/01/03 04/01/04 - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X (Per accident) $ NON-OWNED AUTOS 'X 1,000 Camp/Call Oed - PROPERTY DAMAGE $ GARAGE LIABIUTY AUTO ONLY - EA ACCIDENT $ ---, ANY AUTO i OTHER THAN AUTO ONLY --I ---, EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $ 10,000,000 C ~ UMBRELLA FORM 2PHA208680 04/01/03 04/01/04 AGGREGATE $ 10,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSA.TION AND I T'1fi.$ltJI¥Š I TOd~ EMPLOYERS' LIAB¡UTY EL EACH ACCIDENT $ THE PROPRIETORl RINCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE r /2.-;;. / OFFICERS ARE: EXCL EL DISEASE.EACH EMPLOYEE $ u'"C" /c# nn/7? / I <-.. .. -.. DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLES/SPECIAL ITEMS Re: Project #03-J02-0711 (an contracts & projects) - The City of Santa Ana, its officers, employees, agents; representatives & volunteers are named as add¡tional insured as respects general liability. This coverage is primary and non-contributory. CERTIFiCATE HOLDER CANCELLATION SHOULD ANY OF THE POLICIES DESCRISED HEREIN BE CANCELLED BEFORE THE eXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WLL E~MAIL ----3..0. DAYS 'WRITTEN NOTICE TO THE Santa Ana, City of CERTIFICATEHOLDERNAMEOHEREIN,~~~Mmas:~~K:iI4YàR Public Works Agency 20 CivÎc Center Plaza ~~~~~~(~~E P.O. Box 1988, M,21 ~ðþ(~xxxxxxxxxx.xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Santa Ana, CA 92701-1988 MARSH USA INC. itíL+ BY; Stephen Flynn MM1(3/02) VALID AS OF: 05/06/03 - - < ADDITIONAL INSURED ENDORSEMENT Insurance Company Hartford Fire Insurance Co. .. This endorsement modifies such insurance as is afforded by the provisions of Policy # 72CESOA1989 relating to the following: 1. The City of Santa Ana. 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents 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 insured, 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, Califomia 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 4/01/2003 . This endorsement form as a part of Policy # 72CESOA1989 Issued to Iteris, Inc. Named Insured J Countersigned by J í ~~~ ?-/~ .. j~~-"-- Mar-,sh, Inc, 11/9/2004 7:08 PM PAGE 3/004 Fax Server PRODUCER Marsh Risk & Insurance Services 4695 MacArthur Court. Suite 700 (949) 399-5800 License #0437153 Newport Beach, CA 92880 0980-00-00. LOS-000445822-01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTs. UPON THE CERTifiCATE HOWER OTHER THAN T1iOSE PROVIOED IN THE POUCY. THIS CERTlFICATt: DO¡::S NOT AMEND, EXTEN[ OR ALTER THE COVERAGE AFfORDeD BY T1fE POUClES oesCRJBE:D HERSN. COMPANIES AFFORDING COVERAGE COMPANY A Hartford Fire Insurance Company COMPANY B Hartford CsstJalty Insurance Company INSURED N- 2..001-003 Itens, Inc. & Meyer Mohaddes Associates 1515 S. Manchester Avenue Anaheim, CA 92802 COMPANY C Twin City Fire Insurance Company COMPANY D ACE American Insufance Company ÇQ~9!!$,. . ..'. .,', .,;?'j¡¡~'~$jipj¡'~~~'Îiiii¡¡jPïäi¡¡j~¡'¡¡~'p~6~~¡;¡ij¡;¡¡~ì~W;~'ï>ô!i<:Y'ÞØ@;íMtað.þ'~'/QW,. .' . T" THISt$ TO CERTIFY THAT POLICIES .OF INSURANCE -DESCRIBED HEREIN HAVE BEEN - ISSUED TO -TI1e- INSURED HAMED HEREIN FOR THE POlICY PERIOD INDICATED. t'ID1WITHSTAND1NG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOClJMENT ~H RESPECT TO IM-iICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICies DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS, CONDfTfcmS AND EXCLUSIONS OF SUCH POlICIES- AGGREGP.TE LIMIT~ SHOWN MAY HAVE !;;IEEN REDUCED BY PAID CLAIMS. co Lrn I POIJCY SFFECTrVE POUCV EXPIRATION , DATE IMMlDD/VY) ! DATE (MMfDDNY) i TYPE OF INSURANCE PQUCY NUUSER UMITS GENERAL UABlUTY X ¡ CDMMERCIAl, GF.NFRAI" llA8llfTY ClAIMS MADE [g] OCCUR OVtlNER'6 & CONTRACTOR'S PRCT , I , I GENERAL AGGREGATE $ PRODUCTS. COMPIOP AGO $ PERSONAL.& ADV JII.IJURY $ eACH OCCURRENCE $ I FIRE DAMAGE QmI &eo) $ j MED EXP one rson $ COMSINED SINGLE LIMIT $ A 2,000,000 2.000,000 1,000,000 1,000,000 300,000 72CESOA1Q89 04101/04 04/01105 I AUTOMOIIL£ UABlUTY ~ B i X i ANY AUTO ~, U All OVwNEO AUTOS W SCH€DUlED AUTOS i X HIRED AUTOS X NON-Q\MIEO AUTOS )( 1,000 Comp/CoII Oed 1,000,000 72UUNUM2574 04/01104 04101/05 80Dft. Y INJURY (Perperlicn $ SODILY INJURY (Pø-acc.dønl) $ PROPERTY DAMAGE $ GARAGE UAflUTY I ANY AUTO AUTO ONLY. EA ACCIDENT D1JiER THI\N AUTO ONt Y. $ ¡1/2- I I EACH A CIOENT $ AGGREGATE $ EACH OCCURRENCE I $ AGGREGA~ 1$ $ EXCESS UABUTY UMBflELLA fORM OTHER THAN UMBRELlA FORM IŒRS COMPENSATION AND EMPLOYERS' UAaUTY InWEKT4991 C ER . !04I01f04 04/01/05 THE PROPRlêTORl PARTNERSJEXEClJTlVE OFFICERS ARE $ flDISEASE-POlICYlfolIT $ 'EL DISEASE-EA.CH B\IIPLOYEE $ 1,000,000 1,000.000 1,000,000 x 'INCl I EXCL D Professional Liability j Claims-Made form 10001104 I EONG21858045011 04/Q1105 Limit per Occurence 1,000,000 AgQregate 2,000,000 OedU~ib~-.____--- 50,000 DESCRfPnoN OF OPERAT1ONSllOCATlONSlVEH8CLESlSPEClALITEIIIS Cîty of Santa Ana, its officers, employees, agents, volunteers and representatives are ¡ncluded as additional insured per attached endorsement Exhibît B. R~: On-CaIIITIS Agreem~nt Project #: J04.1703 S!iOULDiWY OF THE POLICIES œ8CJ\eE:D tEREIN fIE CANèEu.£O aEFCRe. TrlE EXPlAAno,.. DATe THau;o¡:, THI! INSURER AfI"OAOING COVeRAGI!! 'A'l1.J.. ENDEAVOR TO MA.lL -.3D DAYS IIVFIITTEH NOTICE TO THe Santa Ana, City of Attn: Zed Kekula 20 Civic Center Plaza, M.30 Santa Ana, CA 92702~1988 C¡RT1I'1CAT& kOLCER NAM£O jilãREIN, IIUT FAILURE TO MAIL. SUCH NOTICE SJ.W.L II.IPOS;S;: 00 OBUGATlCN OR UA8IUTY OF Nfi II)NO UPON THE IN$UfŒR AFFOIWINQ COVe:RAOE, 11$ AOENT$ OR ~PREse¡'¡T¡\T1\IES, OR T"E $$UER OF THS CeRtiFICATE. MARSH USA INC. BY; Stephen Flynn A;t..~ Mar~h , Inc, 11/8/2004 7:08 PM PAGE 3/004 Fax Server PRODUCER Marsh Risk & Insurance Servicea 4695 MacArthur Court. Suite 700 (949) 399-5800 Ucem~e #0437153 Newport Beach, CA 92660 40960-00-00- -c. ..:,~.,;,." ",'.'-:.~:. ':.' , j~Êr;j:;¡' ~';~~:;;;o~ THIS CERTIFICATE IS ISSUED AS A MATTER Of INFORMATION ONLY AND COrtFERS NO RIGHTS UPON THE CERl1fICA1ë HOWER OTHeR THAN TrIOSE PROVIOED IN THE POucv. THIS CERTlf'CATe 00£8 NOT AlIENO, EXTEND OR ALTER ntE COVERAOE AFFORDED BY THE POUÇES DESCRIBED HEREIN. COMPANIES AFFORDING COVERAGE ltens, Inc. & Meyer Mohaddes Associates 1515 S. Manchester Avenue Anaheim, CA 92802 /11- :<001-003 COMPANY A Hartford Fire Insurance Company COMPANY B Hartford CastJatty Insurance Company IKSURED COMPANY C Twin Cjty Fire Insurance Company COMPANY D ACE American Insufance Company (;'()~,. ..' "..:;;'Î1i~'~:$!i~¡¡¡¡'¡~@'¡¡)P¡â¡;.'äiíýi,,~b~~¡¡¡¡¡¡;~Ïj~î¡;(Qr.¡WP¡¡!ÍÖyP¡¡@\i¡'¡¡tédt!~1oW;'1 . THIS1S TO CERTIFY- THAT POtlCIES--OF INSURANCE -oeSCRlBED HEREIN HAVE BEEN ISSUED TO -THE- INSURED NAMED HEREIN FOR TKE POUCY PERIOD INDICATED. NOTWITHSTAND!NG MY REQUIREMENT, TERM OR CONDmoN OF ANY CONTRACT OR OTHER DOCUMENT y.¡rrH RESPECT TO 'M-fICH THE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANce AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 5UWECT TO ALL THE TERMS. CONDlTlcms AND EXCLUSIONS OF SUCH POLICIES. AGGREGATe lIMIT~ SH(MTI MAY HAVE l;léEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE P-OUCY NUMBER POUCY EFFECTIVE POUCV EXPIRAT10N , DATE IMMlDDIYY) ! OATE (MMfDDNY) i UMITS A GeNERAl. UABlU1Y X ! COMMFRCIM GF.NERAt llARllITY 72CES0A1989 ~ ClAIMS MADE ~ OCCUR r O\r"mER'S & CONTRACTOR'S PROT I , I 04101/04 04/01105 GeNERAL AGGREGATE $ PRODUCTS. COMPlOP AGO $ PERSONAL.s. ADV INJURY $ EACH OCCURREI'ICE $ FIRE DAMAGE QmI f!nÞ $ !MEDEXP 0I"IIiI rson $ COMBINED SINGLE LIMIT $ 2,000,000 2,000,000 1,000,000 1,000,000 300,000 I AUTOMOElLE UAEIIUTY ~ B ¡~~ ANY AUTO , i All OWNED AUTOS 0 SCHEDULED AUTOS 'x HIR~D AUTOS X NON.oV'otllED AUTOS X 1,000 Comp/CoU Ded 72UUNUM2574 1,000,000 04/01/04 04101105 BOOll Y INJURY $ ¡Per"pøriQl11 aOOIlY INJURY $ (Pørlilccidøol) I PROPERTY DAMAGE $ GARAGE UAelUTY I ~y AUTO Exœss UAElUTY IlL I I i AUro ONLY. EA ACCIDENT OTHER THAN AUTO ONLY. $ EACH A ~DENT $ AGGREGATE $ EACH OCCURRENCE $ UMBRELlA FORM OTHER THAN UMBRELLA FORM KERS COMPENSATION AND EMPI.OVERS' UASlUTY "-GGREGATE i$ $ x InWEKT 4991 INCL I ! EXCL ! 04101 104 04/01105 X ER C THE PROPRIETORl PARTNERSlEXECUTIVE OFFICERS ARE: $ fL DISEASe-POLICYLNIT $ iEL DISEASE-EACH EMPLOYEE $ 1,000,000 1.000,000 D Professional Liability I Clalms.Made Form EONG21656045011 104/01104 I 04/01105 Limit per Occurence 1,000,000 Aggregate 2,000,000 Ded~c:t~bl. ------------- 50,000 OESCR! PT10N OF OPI.RAnONIILOCAtJONSlVEHlCLaiI8ÆCW..llEYS City of Santa Ana, its officers, employees, agents, volunteers and representatiVes are included as. additional insured per attached endorsement Exhibit B. Re: On-CaUITIS Agreement Project#: J04.1703 Santa Ana, City of Aftn: Zed Kakula 20 Civic Center Plaza, M-30 Santa Ana, CA 92702-1988 SHOULD ANY Of" THE POLICIES œSCRJBfD I1I::REIN fiE CNOCEU.ED WORE 1)jE EXPIRATION OATE THEREOf, THe INS\J~EIII AI'I"OR.DINO COVUtAaE WIt.!. EM:lEAVOFl TO MAL --3JJ CAVil WfIITTDf NOTtœ TO THe CiRT11'lCAT( HOLœR NAM£;O J.jriREIN. aUT FAILURE TO MAJL SUCI-i NOTICE sw,u. IMPO¡¡¡;¡ 00 OBUGATlCN OR UAB-IUTY OF ÞH'( KANO tJÞON THE INS~ AFFOfI:DINO COVEAAOE, ITS AGENT,s OF! ~PREaENTATM:S. OR T~E ISSUER a: THJ$ CERTIFICATe. MARSH USA INC. B'(; Stephen Flynn J;tl-+ Mar¡;h, Inc. . 11/9/2004 7:08 PM PAGE 4/004 Fax Server EXffiBIT B msu D T FOR COM!\.1ERCIAL GFNRRAL LIABILITY POLICY Insurance Company Hartford Fire Insurance Company This endorsement modifies such insUl'8JJce as is afforded by the provisions of Policy # 72CESOAI989 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insuzeds") with regard to liability and defense of suits uising from the operatiol19 and uses performed by or on behalf of the named il1SU1'ed. 2. With resp"ct to cJaims arisin¡¡ out oftbe operations and uses perfom¡ed 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 {or 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. TI1e inclusion of any perSOll or organization as an insured sball not affect any right whicll such person or organization would have as a claimant i{not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materiaIly reduced in coverage or limits except after thirty (30) days written notice bas been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersigna.tUre, is required to maIce this endorsement effective.) Effecti ve Policy # Issued to 11/09/04 72CESOA1989 Iteris, Inc. . this endorsement form as a part of & Meyer Mohaddes Associates, Inc.. Named Insured . Countersigned ~¿/~ 8