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HomeMy WebLinkAboutPHOENIX GROUP INFORMATION SYSTEMS 1 - 2004 :::3URtlNCE _Nor ON FILE WORK MAY fiQIPROCEED CLERK OF COUNCIL DATE: ;¿ -I/-D-<! A-2004-018 C fb H 5(J1.-1- CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this Z!:Jt. day of rehruar~ ' 2003 by and between Phoenix Group Information Systems, a California corporation (herei after "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of processing parking citations and collection of parking penalties. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the perfonnance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services perfonned by Consultant under this Agreement will be perfonned in compliance with such standards as may reasonably be expected from a professional consulting finn in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the tenus and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in City's Request For Proposal for Automated Parking Citation Processing System, Consultant's Proposal dated September 9, 2003, both of which are incorporated to this Agreement by this reference, and the Scope of Service attached hereto as Exhibit A. 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 $100,000.00 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 perfonnance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on January 1,2004 and terminate on December 31, 2004, unless tenninated earlier in accordance with Section 12, below. Upon expiration of the initial term, this Agreement may be extended for up to three additional one-year terms on the written agreement of the City and Consultant executed at least thirty (30) days prior to the expiration of the then current term. All provisions of this Agreement shall remain in full force and effect throughout the initial term and any extended one-year tenn. However, the fees and other charges set forth in Exhibit A may be revised and take effect upon the commencement of an extended term, with the written consent of the City following 60 day written notice of new fees and charges by Consultant. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tenn 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, ajoint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant perfonns 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 perfonnance 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. 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. 2 c. 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) d. 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 oftennination. 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 Each party agrees to defend, indemnify and hold harmless the other party, its officers, agents, employees, consultants, special counsel, and representatives from and against any and all demands, claims, actions, losses, liabilities, damages and costs arising out of or in connection with the performance of this Agreement, caused in whole or in part by the negligent acts or omissions, or the willful misconduct of the indemnifying party, its officers, agents, employees, subcontractors or of anyone for whose acts the indemnifying party may be liable, except where caused by the sole negligence or willful misconduct of the indemnified party. 7. CONFIDENTIALITY/FILE SECURITY Reasonable security provisions will be provided by Consultant to insure that access to City computer records and files will be available only to City. Consultant cannot guarantee against loss or alteration of computer records, but will take reasonable precautions to prevent such occurrences. Consultant will hold all City data in strict confidence and shall not provide any data to any other party unless directed by City in writing. If either party receives from the other party information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, the receiving party 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 oflike importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written infonnation, but also infonnation 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 infonnation that (a) has been disclosed in publicly available sources; (b) is, through no fault of the receiving party disclosed in a publicly available source; (c) is in rightful possession of the receiving party without an obligation of confidentiality; (d) is required to be disclosed by operation oflaw; or (e) is independently developed by the receiving party without reference to information disclosed by the other party. 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 perfonnance 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: Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 245-8007 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimi1e (714) 647-6515 To Consultant: Phoenix Group Infonnation Systems 369 Van Ness Way, Suite 730 4 Torrance, California 90501 Telefacsimile (310) 320-9228 Attn: Mary Houghton 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 tenus 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 tenus 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 perfonned by Consultant until the date of tennination, subject to the following conditions: a. As a condition of such payment, the Chief of Police 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 perfonnance 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, tennination 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 detennined 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. 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 tenus 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 )/." ) . / ~ / ,V:cc ~-c1, (,(-4.'----- DAVID N. REAM City Manager ) I ' , ..' / '- " / ¡<,L-r:' ,_~>é"~Æ-'.~-c.--.c--~/' -r-;,- lJ PATRICIA E. HEALY Clerk or the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney BYøt.UL1~",,-, ~ Laura Sheedy Assistant City Attorney' CONSULTANT ~/j Tax ID# 33-0311833 7 EXHIBIT A DEFINITIONS As used in this Agreement, the following words shall have the meanings ascribed to them in this section: A. Citation: A notice of parking violation issued by any peace officer or employee of the City, or by an employee of a contractor engaged by the City for the issuance of notices of parking violations. B. "DMV": California Department of Motor Vehicles c. Interactive Voice Response System: An electronic telephone response system through which callers may retrieve automated information concerning the status of their citations. D. Surcharge: The amount payable to the County, pursuant to State law, for a citation issued by the City and paid by a violator. E. Violator: The registered owner or driver of a vehicle for which a citation has been issued for a parking or related violation. SCOPE OF SERVICES 1.1 General Scope. As more specifically provided herein, CONSULTANT shall receive from the City and process citations for parking and related violations issued by City or its agents involving vehicles registered in both California and out-of-state. CONSULTANT shall also notify violators of penalties, accept payments of fines and pursue collection of unpaid citations. 1.2 Integration of Prior Data. At no cost to City, in order to facilitate the continued monitoring and collection of outstanding citations CONSULTANT shall process, convert, and/or integrate into its own system for processing citations, information relating to open citations issued by City or its agents prior to the commencement of the Initial Term of this Agreement. CONSULTANT shall complete such integration within thirty (30) days after CONSULTANT receives electronic data from City, or from a contractor previously engaged by City to provide similar processing services, containing information for citations issued and entered into the electronic system of City's previous contractor. 1.3 Citation Referral and Reconciliation. The City shall forward citations to CONSULTANT daily or weekly by way of electronic communication or hard copy. CONSULTANT shall provide monthly statistical reports to City showing a detailed reconciliation of citations received each month. The City shall also provide to CONSULTANT information regarding citation payments received directly by City, as well as cancellations, dismissals, voided citations, corrections and any other relevant information pertaining to the status of open citations. 1.4 Registered Owner Information. CONSULTANT will be responsible for requesting all DMV registered owner infonnation, communications, and costs from each state. If CONSULTANT is unable to obtain the necessary information, the citation may be returned to City for research or follow-up. 1.5 Delinquency Notices. For each citation which may become delinquent under a schedule adopted by the City and provided to CONSULTANT, CONSULTANT shall generate and send via first class mail a Delinquency Notice to the registered owner of the vehicle for which the citation was issued, as shown in records of the DMV. Mailed notices shall include: A. Citation number B. Date and time of issuance C. Violation and description D. Amount of fine/fee due E. How to pay the citation F. Return address for payment 1.6 Communications with Violators. In performing services, CONSULTANT shall not do or undertake any of the following without the express prior written pennission of the City Attorney: B. Take any legal action on behalf of City against any person who is issued a citation by the City. Threaten to take any action on behalf of City against any person who is issued a citation by City. Make any communication, oral or written, regarding potential legal action on behalf of the City against any person who is issued a citation by the City. A. c. 1.7 Vehicle Registration Holds. 1.7.1 Placing Registration Holds. CONSULTANT shall place a hold with DMV on the registration of each vehicle for which a citation remains unpaid by the registered owner of such vehicle in accordance with, and within the time period provided in, the California Vehicle Code an other applicable law. 1.7.2 Removing Registration Holds. Once a registered vehicle owner remits the entire amount of fines, penalties, and fees due on an unpaid citation to the satisfaction of City, CONSULTANT shall electronically notify DMV within five (5) calendar days to remove the registration hold on that vehicle. 1.8 Forms. All forms, delinquency notices, and correspondence sent by CONSULTANT shall conform to applicable law. 1.9 Books and Records. CONSULTANT will maintain adequate books and records documenting the citations forwarded by City to CONSULTANT for processing. Upon two week prior notice, such books or records, related processing data, and related bank records shall be 9 available for inspection or audit by City at CONSULTANT's business location during regular working hours. 2.0 PAYMENT PROCESSING 2.1 Payment Processing. CONSULTANT shall be responsible for receiving and processing citation payments submitted by violators. CONSULTANT shall deposit all payments received directly by CONSULTANT, and any payments forwarded by City, within 48 hours (working days) after receipt into an account controlled by the CITY. For citation payments which may be submitted directly to the City, the City may either forward such payments to CONSULTANT for processing and deposit, or accept such payments and input directly to the CONSULTANT system. 2.2 Deposits. CONSULTANT will provide a daily update to the City with deposit information; including but not limited to: date of deposit, amount of deposit, name of bank and account number. 2.3 Credit Card Payments. CONSULTANT shall provide the opportunity for violators to pay citations by credit card, both over the telephone and the Internet. In addition to the citation amount and any applicable surcharges, a violator making payment by credit card shall also be charged an additional convenience fee of $3.95 retained by CONSULTANT. CONSULTANT shall provide this service at no charge to City. 2.4 Revenue Reporting. CONSULTANT shall forward to City revenue reports to reconcile the deposit records for each month. Such reports must also disclose the percentage-based fee charged by CONSULTANT for processing citations issued for vehicles registered outside California, as further described in Section 5.1. 3.0 CUSTOMER SERVICE CONSULTANT will respond to all inquires and complaints by violators regarding the status or disposition of citations. CONSULTANT will provide assistance whenever possible to violators for all inquiries. CONSULTANT shall provide a toll free telephone number for California and out-of-state violators to call for assistance. CONSULTANT shall provide an Interactive Voice Response System for use by violators 24 hours per day, 7 days per week. CONSULTANT shall provide live customer service for violators from 8:00 AM to 5:00 PM daily, excluding weekends and CONSULTANT holidays. 3.1 On-Line Inquiry CONSULTANT will provide to the CITY on-line remote access that will include the following: a. All citation information/history and processing status, c. Current status of the citation, DMV inquiry, hold, and release information, d. Delinquent notice information, due date, mailing date, e. Administrative review, hearing appeals and disposition information, f. Payment information, including all date, amounts and payment codes, and 10 : g. Registered owner information. The citation data is accessible by citation number, vehicle license number, name, or VIN number. 3.2 Equipment Requirements CITY will provide a standard Personal Computer and Microsoft Windows 2000 Pro or XP PRO. CONSULTANT will provide Microsoft Client Terminal Services. The cost of the software is included. Any licensing required to operate Terminal Services will be the responsibility of the CITY. CITY will be required to provide Adobe Acrobat Reader, Internet (Microsoft Internet Explorer) and FTP capabilities. 4.0 REPORTING CONSULTANT shall provide electronic periodic reporting to City in a PDF format available for access using Adobe Acrobat Reader software. CONSULTANT shall issue the reports each month, unless a longer time interval is requested by City. Initially, the reports shall include: A. B. C. D. E. F. G. H. 5.0 FEES Citation Status Report Citation Summary Report Bail Summary Report Revenue collection report Repeat Offender Report Violation Report DMV Monthly Reports Officer Report 5.1 For Regular Services. In consideration for the services provided by CONSULTANT, City agrees to pay to CONSULTANT the following fees. The payments specified in this section shall be the only compensation made to CONSULTANT for services rendered under this Agreement: 1. Fee per citation processed..............................................................$l.17 2. Out-of-State Vehicles.....................................................................32% of collections (* 1) 3. Second Notices...............................................................................$.78 (*2) 4. Hearing Officer Hours ..................................................................$35.00 per hour (*3) 5. Special/Custom Letters ..................................................................$1.25 each (*4) (*1) Out-of-State vehicle processing includes any costs charged by the state. percentage is only for citations that are collected. The (*2) Second Notices are sent out after the first notice has been sent and returned for additional work, or mailing. Example would be a name correction or change. Additionally, if any notices have not been previously generated by the City's vendor (and II " t the City elects to generate notices) the notices would be charged the same rate as the second notices. (*3) No charge for 30 hearings per month. (*4) During the term of this agreement, special letters may be included as directed by the City. Special letters are custom letters that follow up processing. An example would be letters that inform the violator of habitual violations. CONSULTANT will not implement processing special letters without the written request of the City. 5.2 Postal increases. If the United States Postal Service increases the cost of first class mail postage, CONSULTANT may request that City approve an adjustment to the fees set forth above to offset the increased costs of mailing Delinquency Notices. Any such request by CONSULTANT shall be in writing and may be approved, in the City's sole discretion, by the City Manager. 5.3 Requests for Archived Electronic Media. CONSULTANT shall charge $50.00 for each request by City for archived data or reports in electronic format. 5.4 Invoice. Consultant shall invoice City each month for services rendered pursuant to this Agreement during the previous month. City shall review such invoice and, if acceptable, shall remit payment therefore within 30 days, subject to City accounting procedures. 6.0 DATA RETENTION POLICY 6.1 Electronic Data Files. Electronic data maintained by CONSULTANT and related to citations which have been closed (by payment or any other means) for at least 12 months and which were issued at least 18 months prior to removal, shall be removed from CONSULTANT's electronic system and archived in July of each year. Data archived from CONSULTANT's system shall be retained by CONSULTANT in electronic media for 24 months following the date of archival. CONSULTANT shall provide to the City a copy of such data in electronic format upon request by the City. The cost for this service is specified in Section 5.3 of this Agreement. 6.2 Hard Copy Data. At no cost to the City, CONSULTANT shall return hard copy files to the City in January and July of each year for the six-month period commencing one year prior to delivery of the hard copy files. For example, hard copy files delivered to CONSULTANT during the period of January to June shall be returned to the City the following January. Hard copy files shall include all original citations and payment receipts. CONSULTANT will also provide computer generated citation data for citations on the system provided they have not been archived to magnetic media. 12 .' 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: 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 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 9270 I. (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 13 " A.ÇJ2.ß/),. CERTIFICATE OF LIABILITY DATE /MMIODIYYI ]/04/04 THIS CERTIFICATE IS ISSUED AS A MATTER DF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE INSURANCE PRODUCER AI.ndsls Insursncs-6lsnd. 750 Fsi rmont hsnus P.0.80.831 Glsnd.lo CA 91209-0831 18181 244-1144 INsURED COMPANY A Hortford Fin Insunnco Co. Ph..nl. Group Infor.otlon 5ys. 369 Yon Noss W.y. .730 Tornnco, CA 10501 A. - ;?IJo4 - 011 COMPANY B HArtford Cosu.lt Ins. Co. CO""ANY C COMPANY D ¡;øvm:t¡¡!I!!i,.,.....'...'..'...'........?~;i;?+";§?;?ww.;\fiWF"tifMiW:¡i\;'..rnnWiU@¡rm¡¡¡¡r:L'iiMIl...iP'¡w,.""""'.....,.. ."'" .... ......'" '.. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NO TWITHST ANDING ANY REQUIREMENT, TERMOR CONDITIONOF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICHTHIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ TYPE OF INaURANCE POUCYNUMaER P:~':~~=~ P~¡~=~~ LIMlTa A OENERAL UAaLlTY COMMERCIAL GENERAL LIABILITY CLAIMS MADE GJ OCCUR OWNER'S . CONTRACTOR'S PROT 7258U82635 10/01103 10/01104 GENERAL AGOREGATE S PRODUCTS.CO..../OP AGG S PERSONAL' ADV INJURY S EACH OCCURRENCE S FIRE DAMAGE (Anyon, II,,) S '-ED EXP (Anyone p",on) S 2,000,000 2,000,000 1.000.000 1,000.000 300,000 5 000 AUTOMDBU LIABLITY ANY AUTO ALC OWNED AUTOS SCHEDULED AUTOS 7258U82835 10/01103 10/01104 COMBINED SINGLE LIMIT 2,000,000 BODILY INJURY (Po, p",on) X HIRED AUTOS X NON.OWNED AUTOS BCDIL Y INJURY (P" ."Ident) PROPERTY DAMAGE II- UMeRELCA FORM OTHER THAN UMBRELLA FORM 8 WORKERa ODMPEN'ATION AND EMPLDYERa' LlAaLJTY 721£CKG3983 10/01103 10/01104 AUTO ONi. Y . EA ACCIDENT S OTHER THAN AUTO ONi. Y, EACH ACCIDENT S AGGREGATE S EACH OCCURRENCE S AG""EGATE S S OTH- C STATl!- Y R EACH ACCIDENT S R DIS"AS".POLICY CIMIT I R DIS"ASE.EA EMPCOYEE S I,OOO,ODO 1,000,000 1.000.000 THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS AR", DTHER INCC EXCC Commsrcl.1 Crlm. Policy 6497223 11/18/03 11/16/04 $975,000 Limit par Occurnnc. $25,000 Ooductlbl. ..BOIIiPTION DFDPER TlDN"'DOATIONa H IlIPEOIAL Ma It la 'Irood th.t tho City of Santa Au Is n..d Additional Insurod w/rOIArd to &8nonl Liability co.srsgos .nd par tho ottachsd Addltlon.1 Insund Sndor....snt. tlmœØiìIiHØIiØíiWI;mrr;iHWWq;;¡P¡; ¡r;¡¡TiH¡¡tm«fí¡¡¡¡¡Dtw, '... ....'" .." """"w' ....... ... City of Sonta An. Attantlon: L.un Sh.ddy 20 CI.lc C.ntar PI... Sonta An., CA 12701 aHO"" ANY DF THE ABOVE D!SOII18ED POLIO,"B BE OANCELLED BEFORE THE EXPIRATION DATE THEIIEOF, THE ..aUINO CDMPANY wu. ENDEAYDR TD MAL 30 DAYB WIIITTIN NOTICETD THE OEIITIFIOATEHDCDER NAMED TD THE LDT, BUT FALUIIE TO MAL 'UCH NOTICI! aHAU. "PoaE NO OBLIOATION DR LIABLITY DF ANY k"O UPDN T. !TO AOENTB DR REPAElENTATIVES. AUTHDR P B..TATI Ht~~eðfiíii¡iæit¡bN¡i.i : /"UJ.., ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Hartford Fire Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # 72SBAAB2635 relating to the following: I. 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 insureds") with regard to liability and defense of suits arising from the operations and uses perfonned 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 ~ made or suit is brought except with respect to the company's limits of liability. The inclusioIÌ\ of any person or organization as an insured shall not affect any right which such person or or~nization would have as a claimant if not so included. ~ ~-" 4. With respect to the additional insureds, this insurance shall not be cancelled, o~ 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 3/4/04 72SBAAB2635 Phoenix Group Information Systems Named Insured - c.M""igno¡ by P..- ~ ~ Auili~ R- mtivo . this endorsement form as a part of ~17 ? /2 '¡¡~~.,¡¡".I..III¡J'i!¡~¡.III¡i¡!III.IIJi¡lli....'I~~11¡'IIIII!IIII"~/=Dm¡ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONL Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Blendal. Insurance Agency 750 Falrmont Avenue P. O. Box 831 Blendel. CA 81209-0831 18181 244-1144 INIURID COMPANY A Hartford fir. Insurance Co. Phoenix Sroup Information SYI. 388 Ven N.s. Wey, .730 Torrenoe, CA 80601 Â- ~tOt- tJ/.f' COMPANY B H.rtford Ca.ualt Ins. Co. ;.;. ~.,.::..w. '~'''':''' COMPANY C .w,",', THI818 TO CERTIFY THA TTHEPOLICIES OF INSURANCELlSTEDBELOW HAVE BEENISSUED TO THE INSURED NAMED ABOVE FOR THEPOLlCV PERIOD INDICA TED,NOTWITHST ANDINGANVREQUIREMENT, TERMORCONDITIONOF ANVCONTRACT OROTHERDOCUMENTWITHRESPECTTO WHICHTHIS CERTIFICATE MA V BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BV THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BV PAID CLAIMS. co TYPI OF INIURANOS POuey NUM8IR POLtey IFFI!CTIVE POLICY IXPIRATION LTII DATE (MMlDDlVY) DATE (MMlDDlYY) LlMITII A GENIRAL UA8LITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [!] OCCUR OWNER'S & CONTRACTOR'S PRCT 72SBAAB2835 10/01104 10/01105 GENERAL AGGREGATE $ PRODUCTS.COMP/OP AGe S PERSONAL & ADV INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Anyone fire) $ MED EXP (Anyone person) $ 2,000,000 2.000.000 1,000,000 1.000.000 300,000 5000 AUTOMOIU LlAILITY ANY AUTO ALL OWNED AUTOS SCHEDUlED AUTOS X HIRED AUTOS X NQN.QWNED AUTOS 72SBAAB2835 10/01104 10/01105 COMBINED SINGLE LIMIT $ 2,000.000 BODILY INJURY $ (Per person) BODILY INJURY $ (Per accIdent) PROPERTY DAMAGE $ GARAGE LIAILITV ANY AUTO AUTO ONLY. EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE $ EACH OCCURRENCE S AGGREGATES . DOI'I LlA8LITV UMBRELLA FORM OTHER THAN Ut.4BRELLA FORM I WORK.I COMPlNIATION AND IMPLOYBR" LIAILITV 72WECK03N3 10/01104 10/01105 THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER Commerolal Crime Polley tNCL EXCL EL EACH ACCIDENT $ EL DISEASE.POLlCY LIMIT $ EL DISEASE.EA EMPLOYEE $ 1,000.000 1,000,000 1 000 000 5487223 11118/03 11118/04 5916,000 Limit per Occurrence $25,000 Deductible DIICIIIIPTION OF OPIIIATIONIA.OCAT'ONIlVEHICLIII8PECIAL ITEMI It Is agraad that the City of Santa Ana Is named Additional Insured ./regard to 6enaral Liability covara.es and par the attached Additional Insured Endorsemant. '.Uillffh1i..fMi1Mim¡¡¡W:ÆMJW¡filWiiMilwmMWtm¡:m¡m¡m¡¡W¡J;ii&'ffXiXI(tlfj;\U¡Wt'¡¡tii/l¡mWmWmUn::¡Wii¡¡¡W'nWiiJ:WmW¡nW¡::11 IHOULD ANY Oil THE AIOVE DEIC'UIED POLICIII IE CANC&I.LID II'ORE THE EXPIRATION DATE THEREOF, THE 'SlUINQ COMPANY WLL ENDIAVOR TO MAL 3D DAYI WRnTEN NOTICE TO THI CERTIFICATE HOLDER NAMID TO THI LSPT, IUT FALURI TO MAL IUCH NOTte! IHAU. IMPalE NO alUGATlON aR LIAIILITY OF ANY KIND LPaN THE co ,ITa A~' RIPREIINTATIYEI. AUTHORIZED RIPRI NTATIVE!" ".' r V1W¡nlWUiMfWMMW¡lmWW@iMiii¡n¡¡¡¡¡¡fWmmUIU:WiiMm¡¡ŒW::WUWW¡;:¡W¡¡Jf¡¡¡!ìtfqi:t1:,:~:P~~' If.:., '~r" City of Santa Ana Attention: Laura Shaddy 20 Civic Center Plaze Sante Ana, CA 92701