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HomeMy WebLinkAboutDOG DEALERS, INC. 1 -2004 , INSURANCE fiQI ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL DATE: 5-17-04 CONSULTANT AGREEMENT 0 PIlCJ THIS AGREEMENT made and entered into this 1&>-\\.\ day of --.ðpt}\ ,2004 by (J-. CxJ.Ja,...) and between Dog Dealers, Inc., dba Dog Services Unlimited, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). '. N-2004-049 RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of dog training to teach dog obedience classes. 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 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 December 31, 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 $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. Reserved 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. 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. 2 .. (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. 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. (iii) 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 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 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. 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 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 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. 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. 3 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 te1efacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk ofthe 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 copy 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 To Consultant: Dog Services Unlimited 12602 Willis Lane Santa Ana, California 92705 Telefacsimile (714) 639-9057 Attn: Patty & Paul Thurner 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 4 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. 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 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 its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 5 16. MISCELLANEOUS PROVISIONS a. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA PATRICIA E. HEALY Clerk of the Council ~~ City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: La Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT é/;}'¿t}.~-j¡ 1L/U1fl1 .¿K¿Aa:&1;+ - PATTÝTHURNE~ RlehL//eN UM.-lt"'tn. Secretary rlìëf ^'" A /lh 11 ,.~, Tax ID# 95-3212829 --'U1J.b'<!a.ex-..(.J~~ . 10 P" RIBBLE Executive Director of Parks, Recreation and Community Services 6 '. EXHIBIT A SCOPE OF SERVICES Consultant shall provide dog obedience classes as follows: FEES . Consultant shall instruct a one-hour class, once a week for two separate eight-week sessions, from June 10 through July 29 and from September 9 through October 28. The class is open to dogs over five months of age, and their handlers, who must be at least nine years old. The classes will be held at Portola Park. Consultant has determined that classes will be held on Thursday evenings, from 7:30 to 8:30pm. Consultant may adjust the schedule, based on the availability of rooms in the City's facility. Each class shall have a minimum of 8 and a maximum of 25, registered and paid participants. If the minimum registration has not been reached by the first class, the class may be cancelled by mutual agreement of Consultant and City, with no compensation owed Consultant for any cancelled class session. Consultant shall determine advancement to intermediate level instruction. . . . . . . . Each participant shall pay a $65.00 class registration fee per eight-week session. Participants will supply their own non-chain training leash as required by Consultant. No refunds will be made to participants after the first week of class unless the class is cancelled by the Parks, Recreation and Community Services Agency. City shall collect registration fees from each participant. Consultant shall refer interested students to City for registration. Consultant shall receive seventy percent (70%) of total fees collected for the dog obedience classes within fifteen (15) working days after completion of each class session. City shall retain thirty percent (30%) of the fees collected. Consultant agrees that City shall be entitled to audit Consultant's records and classes to ensure compliance with this Agreement and that all participants are registered. Consultant may not waive class participation/registration fees. City shall prepare class rosters and provide a copy to Consultant. Only registered participants, listed on roster, may participate in class. . . . . . . . 7 '. 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 8 , ,ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) -.-"-TM 06130/2004 1--:. PROUUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Seymour/Hutchings Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4840 Irvine Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 202 Irvine CA 92620 INSURERS AFFORDING COVERAGE NAIC# ~--_._-- --- INSURED Dog Services Unlimited, California Canine Games & INSURER A Western Heritage c/o R E Chaix Agility Dog Dealers Inc, INSURER B 12602 Willis Lane N-ðWY'-044 INSURER C Santa Ana CA 92705 INSURER D INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOìWlTHSTANDING 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 DO' POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ŒJ OCCUR SCP0518105 06-22.2004 06-22.2005 EACH OCCURRENCE DAMAGE TO RENTED $ 1,000,000 $ Excluded $ Excluded $ Excluded $ 1,000,000 $ Included PERSONAL & ADV INJURY GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER PRO- PRODUCTS. COMP/OP AGG LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY. EA ACCIDENT $ OTHER THAN AUTO ONL Y EA ACC $ AGG $ EXCESs/UMBRELLA LIABILITY OCCUR 0 CLAIMS MADE EACH OCCURRENCE AGGREGATE $ $ $ DEDUCTIBLE RETENTION $ '(¿:"!l2 ~< ?;ï/ v ~.:::-y. J .v ~/Þ E L. DISEASE - POLICY LIMIT $ I WORKERS COMPENSATION AND EMPLOYEr/S' LIABILITY ANY PROPRIETOR/PARTNER/EXECUflVE OFFICER/MEMBER EXCLUDED? If yes, describe under P IA P OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADOED BY ENDORSEMENT / SPECIAL PROVISIONS lit is hereby understood and agreed that certificate holder is named as additional insured per Form CG 203310 01 attached. CERTIFICATE HOLDER City of Santa Ana Parks, Recreation and Community Services Dept. Attn: Carol Hinkle 20 Civic Center Plaza (M-23) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE OLD. AM ED TO THE LEFT, BUT FAILURE TO DO SO SHALL F ANY KIND UPON THE INSURER, ITS AGENTS OR Santa Ana, CA 92701 Fax 14571-4235 ACORD 25 (2001/08) @ACORD CORPORATION 1988 \A~ IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~.~ /¿:~~J j, /--. . ,.-,11 (i, 7 e-{i. I ~/ ..~ .:' ", v '-I:_~/;.....- ,,/ ' " / ACORD 25 (2001/08) Policy #: SCP0518105 COMMERCIAL GENERAl UABIUTV CG 20 3310 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTIONAGREEIVIENT WITH YOU This endorsement modifies Insuranœ provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SeCtion II - Who 18 An Insured Is amended to include as ðn insured any person or ()f'gan~atlol'1 for Whom you are pèrformlngoperatloMwhèn yoLl and such person or organlzaiion have agreed In writing in a contract or agreement that such person or organilation be added as an additional insured on your pQliCy, Such person or organization Is an additional insured only with respect to liability arising out of your ongoing operàtIons performed for that insured. A person's or organiZatiOrl'sSWUs os tm Insured under this endorsement e.-.cia Whèn your operations for that Insured are completed. B. With respect to the insurance afforded to theSé additional incurooc, tho fdlowìng additional Ð)(clu- lSioms apply: 2. Exclusions This insurance does not apply to: a. "Bodily injury", 'property damage" or~per- sonal and advertising Injury" arisIng Ol.lt Of th9 r9ndering of, or th9 failure to render, any professional architectural, engineering or surveying servlcea, Including: (1) The preparing, 8pþroving. or failing to prepare ör approv~, ma~, shop draw. ings. opinions, reports, SUl'\leys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "BodDy Injury- or 'property damage" oce currlngafter: (1) All work. including materials. parts or equipment furnished In connection with such work, on the project (other than service, malntenahce or repairs) to be performed by or on behalf of the addltlonallnsurecl(s) at the site of the OOV9red operations has been com- pleted; or (2) That portion at .your work" out of which the injury or damage arises has been put to Is Intended use by any øerson or organizatIOn Other than an Other contraCtor or subcontraCtor en. gaged in pertorming operations for a principal as a part of the same project, 7i}J01:?t7{¿/ ~13 j / CG20331001 CopyrIahl. ISO Properties. Inc.. 2000 AGENT Page 1 of 1 'ACORD CERTIFICATE OF LIABILITY INSURANCE I, DATE (MM/DD/YYYY) rM 06/30/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Seymour/Hutchings Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 4840 Irvine Blvd. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 202 Irvine CA 92620 INSURERS AFFORDING COVERAGE NAIC# INSURED Dog Services Unlimited, California Canine Games & INSURER A Western Heritage c/o R E Chaix Agility Dog Dealers Inc. INSURER B. 12602 Willis Lane INSURER C Santa Ana CA 92705 INSURER D: 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. I'~~: ~~~~ POLICy NUMBER POLICY EFFECTIVE ~~!f"Y EXPIRATION LIMITS ~NERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X SCP0474722 06-22.2003 06.22.2004 DAMAGE TO RENTED $ Excluded COMMERCIAL GENERAL LIABILITY - --' CLAIMS MADE ŒJ OCCUR MED EXP (Anv one person) $ Excluded - PERSONAL & ADV INJURY $ Excluded - GENERAL AGGREGATE $ 1,000,000 -"L AGGREAE LIMIT APM PER. PRODUCTS, COMP/OP AGG $ Included POLICY P'~R,: LOC ~OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) I-- I-- ALL OWNED AUTOS BODILY INJURY (Per person) $ I-- SCHEDULED AUTOS I-- HIRED AUTOS BODIL Y INJURY (Per accident) $ I-- NON-OWNED AUTOS I-- PROPERTY DAMAGE $ (Per accident) RAGE LIABILITY AUTO ONLY, EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ pESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR D CLAIMS MADE AGGREGATE $ $ R DEDUCTIBLE j¿ "J /~ $ RETENTION $ V I} ~ /xÎ.1 $ (/C, L.U!.fi/(j -"""---:::;.< \'.>''-'"''"5 / ~ I T~~J;r~J,~~ I 10JbI' WORKERS COMPENSATION AND EMPLOYERS' LIABILITY V /7 ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? :...- EL DISEASE, EA EMPLOYEE $ ~þ~~desc"be under -.- .IA' E L. DISEASE. POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADOEO BY ENDORSEMENT / SPECIAL PROVISIONS It is hereby understood and agreed that certificate holder is named as additional insured per Form WH121-0424 (04100) attached. CERTIFICATE HOLDER City of Santa Ana Parks, Recreation and Community Services Dept Attn: Carol Hinkle 20 Civic Center Plaza (M-23) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOL ER NAMED TO TH . BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABIL Y OF KIND UPON THE INSURER, ITS AGENTS OR Santa Ana, CA 92701 Fax 714 571.4235 ACORD 25 (2001/08) @ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ~'-' ¿ ! ~/i_. ." fi /:) ~. . .11-<) ¿ cl v'>.-) / f! { / t' ACORD 25 (2001108) ~ . t '~þ ~est:ern Heri~ INSUBANCE COMPANY ATTACtiEDTOAND ENDORSEMENT EFFECTM! DAre FOAMING APART OF (17001 A.M. STANDMDTME) NAMED INSURED AøIONT NO. POllCV HUM.EA SCP0474722 06/22/2003 DOG SERVICES UNLIMITED 04040 (The aboYelnformatlon Ia required only when th18 endorumem III8ated 8ubMquem ropreparatlon 01 the policy.) THIS ENOORSEMENTCHANGES THE POLICY. PLEASE READ ITCAREFULL Y. ADDITIONAL INSURED -AUTOMATICS1ATUS WHEN REQUIRED IN CONTRACTUAL AGREEMENT WITH YOU.. BROAD FORM WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US PRIMARY INSURANCE This øndor6EIfTl9nt modifies InSurat1C8 provfd8d under th81âlowfng: COMMERCIAL GENERAL UABIUTV COVERAGE PART 1. Section II - WhQ 1& An In8Ur8d1a amundud to InduuliI alii an In&Ur8d any per&Ol1 or urgBnlmÚun for whom you are performing operations when youandauch person or organization have agreed In wrtIlng In 8 contract or agreement that such l)erson or orQaniZatiof)be added 88 an additional Insured on your policy, Such person or organization is an additional Inaured only with ...sped to liability arising . out of your ongoing operatlona or .your work" fQr that In&ured by or for you. 2. WIth respect to the losuraf1Q8 affordecltheeeaddltlonallnsured's, the following excluefon applle,: This Insurance does not apply to: "Bodily Injury: "properlY damage" or "personaUnd advertising injury" arising out of the rendering or, or the failure to render, any professional. archltectu~, engi~ng or surveying $eI'Vfces, Inctuding; 8. Thè praparing. approving. or faKing to approve. maps, drawings. opinions, reports, surveys, field orders, change orders or drawings and apeçiflcaUons; and b. Supervisory,lnspection. archìtecUJ.. or englf)øeringactiv!tle$. 3. The TRANSFER OF RIGHTS OF AEOOVEAV AGAINST OTHeRS TO US CUndition(Section IV - COMMERCIAL- GENERAL LlABIUTY CONDITIONS) is amended by the addition oUhe following: We waive any right of 1'EI0000rv we may have against any person or oraanlzatlon because of payments we make for injury or damage arising out of Yf)Ur ongoing operations Qr "your work" done under 8 contI8ct or agreement with that person or organIZatIOn and Induded within the "products.compl )ef'8t1ons hazard." 4. This Insurance shall be primary but cdy In the aventOf the Nttmed I DATE IIIQII- ~~.ht8d.. m-'rI8I. ø1 In.lI. r... GOpyrIght. Insuraooe $a WH12100424 (04/00) AGENT l /}///. /::X::::.~/t F(. .j . ,'" /. //:-:::/? l \'/'-/y '-.....J/J '.' , / é