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HomeMy WebLinkAboutFETTERS, PAUL 1City of Santa Ana - Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and alf amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). Call 647-6520 if you have any questions. The agreement with Paul Fetters dba The Training Spot COTC Office Use Only 7015 SPAY -11 P9 -�: 19 S lr;A, K' in LSa friY:i) No. N-2002-150 was completed on 04/30/2015 and final payment has been made. (List all amendments. Use space below if needed.) N-2002-150-01 Department: Police Department N-2002-150-02 N-2002-150-03 Phone/Ext.: (714)245-8004 Signature: Dater 4/30/2015 Revised 08-2310 1N!W,4WN�E 1101 ON ; ILE WORK NIAY NOT PROCEED CLERK OF COUNCIL DATE: �) 4-o Z CONSULTANT AGREEMENT N-2002-150 03 THIS AGREEMENT, made and entered into this q i� day of �R , 2002 (, by and between Paul Fetters, (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"). RECITALS UJ A. The City desires to retain a consultant having special skill and knowledge in the field of o W health and fitness to provide classes for law enforcement personnel. W a: Cj V o z Cy z 0 �� ' (D � B. Consultant represents that Consultant is able and willing to provide such services to the W � U ¢ V) r('1 z i W �O O City. City. UJ J ¢ C. In undertaking the performance of this Agreement, Consultant represents that it is z L> o kn l d bl f I d h V w e gea emits ie an t at 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 teach health and fitness classes for law enforcement personnel at the Santa Ana Police Department Training Center. Said classes shall be held in a lecture format to discuss and explore the benefits of nutrition and exercise. Prior to commencement of any such class, Consultant shall obtain approval of his curriculum from the Santa Ana Police Department. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, $50.00 per hour. The total sum to be expended under this Agreement, shall not exceed $ 3,000.00 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 June 30, 2003, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Chief of Police 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 A upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. 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. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 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 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 1 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. 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. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: and, Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 245-8001 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: Paul Fetters 16942 Gothard Street, Suite #F Huntington Beach, California 92648 Telefacsimile (714) 847-8028 4 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: 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. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. CJ E IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: *ATR CIA E. HEAL Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney r Lauea Sheedy Assistant City Attorney APPROVED AS TO CONTENT: PAUL M. WALTERS Chief of Police CITY OF SANTA ANA DAVID N. REAM City Manager CONSULTANT PAUL FETTERS L61- L (- ;;,- 3tf 9 Employer ID # or Individual SS # EXHIBIT A 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 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective , this endorsement form as a part of Policy # Issued to Named Insured Countersigned by Authorized Representative Oct 21 02 09:43a FITNESS and WELLNESS 8585190822 P.3 AaORDL CERTIFICATE OF LIABILITY INISURANC OP1D g�DATE�21,/n( ) 7212 0 2 Fitness & Wellness Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Agency ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS END OR 380 Stevens Ave., First Floor ALTERTHE COVERAGEEAFFORDED TE DOES By �NpOLIC ES BELOW. Solana Beach CA 92075 Phone:800-395-8075 Pax:858-519-0822 INSURERS AFFORDING COVERAGE INSURED - INWRERA: Specialty National Insurance Paul H. Fetters 0072120 INSURER B: Eff:05-31-02 The training Spot INSURER C: 7602 Ontario Drive Huntington Beach CA 92648 FR 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 CON=10N OF ANY CONTRACT OR OTHER DOCUMENT tYITH RESPECT TO ICH THIS CERTIFICATE MAY Be ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERA4S, EXCLUSIONS AND CCMICITS LI OF SCICH POUGES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i LTR TYPE OF INSURANCE DATE M POUCYNUMBER DATE MwD LIMITS GENERAL LIABILITY EACH OCCURRENCE F3O A% coaL LIABILL GENERAL LIABILITY 0,000 3XZ126451-01 05/31/02 05/31/03 F:tEDAMAGE(Anyw,er-e) 000 CLAIMS MADE X U OCCUR 1 A LXJ Kisc Professional GEN'L AGGREGATE LIMIT APPLIES PERPRO.a: POLICY 1 JECT n LOC AUTOMMLE LIABLITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY I ANY AUTO EXCESS UAB1LrtY OCCUR 1:1 CLAIMS MADE DEDUCTIBLE RETENTION E WORKERS COMPENS,ATWN AND EMPLOYERS LIABILITY A ISexual Abuse APPROVES AS TO Laura Sheedy I Deputy City Aitorncy MED ow {Any one person) $2,500 F RSONAL 6 ADV INJURY S1,,000,000 NERAL AGGREGATE S3,000,000 PRODUCTS - COMP1OP AGG , $1,0()0,000 COMBINED SINGLE UNIT {Ea saiOeM) � $ — --t$ SOMY INJURY (Per Person) ILY INjuRy ± (Per &&MkI4.) PROPERTY D MAGE S (Per wMent) AUTO ONLY- EA ACCIDENT S OTHER THAN EA s AUTO ONLY: AGG S EACH OCCURRENCE i RM AGGREGATE i a 3 S E.L EACH SACCIDEItMLDEEAT S ELDISEASE - POLICY LIMIT 4 -••,•••• •••••y ADDED BY ENOpRSENIBITISPEGAL PROyIgIpNS *It's Officers, Employees, Agents, Volunteers and representatives are named as additional insureds with regard to liability and defence of suits arising 'from the operations and uses performed by or on behalf of the named insured CERTIFICATE HOLDER Y I Aomew, INSURED• MURM LETTER: SANANAT The City of Santa Ana* Lieutenant 3eff Owens 20 Civic Center plaza Santa Ana CA 92701 200,000 300,000 CANCELLATION SHOULD ANY OF Tie ABOVE OESCWSED pOUC $ SE AFI I M BEFORETHE E1(PWA.M DATE TTiEMM THE iSSLANG INSURER WILL ENDEAVOR TO MAK. A-IZ DAYS MR ITTI EN NOTJCE TO THE CERTIRCATE HOLDER NAMED To THE LEFT, WT FAujAW TO DO B0 SMALL MKWE NO 09UGATM OR UABLITY OF ANY KWD UPON THE BISWWK ITS AGEMTTI OR RlPRIERMpTATMES. Oct 21 02 09:43a FITNESS and WELLNESS 8585190822 Murria & Frick/Fitness and Wellness insurance Agency ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Specialty National This endorsement modifies such insurance as is afforded by the provisions of Policy # 3XZ 126451-01 relating to the following: 1. The City of Santa Ana, 20 Civic Center PIaza, 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 92701 - (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective: 10-21-02, this endorsement form as a part of Policy # 3XZ126451-01 Issued to: Paul Fetters Named Insured Countersigned byA tho�• ri Representative APPROVED AS TO FORM 'r l U I,ra Sheedyu= I�XX G)-11Uty Clty Attomov 380 Stevens Avenue, First Floor - Solana Beach - CA 92075-2097 (800) 395-8075 - Fax (858) 259-6069 - License OD28716 p.2 • MAYOR Miguel A. Pulido MAYOR PRO TEM Brett E. Franklin COUNCILMEMBERS Claudia C. Alvarez Lisa Bist Alberta D. Christy Mike Garcia Jose Solorio September 3, 2003 ta )'acation Zst CITY OF SANTA ANA OFFICE OF THE CITY ATTORNEY 20 CIVIC CENTER PLAZA M-29 • P.O. BOX 1988 SANTA ANA, CALIFORNIA 92702 (714) 647-5201 • Fax (714) 647-6515 O Paul Fetters 7602 Ontario Drive Huntington Beach, California 92648 Dear Mr. Fetters CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Patricia E. Healy Pursuant to Consultant Agreement #N2002-150, which you entered with the City of Santa Ana, dated October 4, 2002, Section 3 — "Term", the time period of said Agreement is hereby extended from June 30, 2003, until June 30, 2004. The insurance certificates and Additional Insured Endorsement are required to be extended and/or renewed to cover this extension. All other terms and conditions of said Agreement remain unchanged and in full force and effect. If you have any questions in this regard, please feel free to contact Detention Training Supervisor, Christina Williams at (714) 245-8053 Sincerely PAUL M. WALTERS Chief of Police Cc: Clerk of the Council APPROVED AS TO FORM JOSEPH W.FLETCHER By r_c Laura Sheedy Assistant City Attorney C.S 679 ACaRD CERTIFICA OF LIABILITY INSURAN46 OP ID DATE(MM/DD/YYYY) 0072120 07/22/03 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO Fitness & Wellness Insurance 'ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 380 Stevens Ave . , First Floor ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Solana Beach CA 92075 Phone: 800-395-8075 Fax: 858-519-0822 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Steadfast Insurance INSURER B: 0072120 Paul H. Fetters dba: The Training Spot 7602 Ontario Drive Huntington Beach CA 92648 INSURER C: (ICZ S INSURER D: INSURER E: PREMISES(Eaoccurence) $100,000 C VERAGES 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. LTR INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X %COMMERCIAL GENERAL LIABILITY CLAIMS MADE �OCCUR EOL5281395-00 05/31/03 05/31/04 PREMISES(Eaoccurence) $100,000 MED EXP (Any one person) $2,500 PERSONAL &ADV INJURY $1,000,000 A Sa.Professional GENERAL AGGREGATE $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ INCLUDED PRO- X I POLICYLI JECT LOC AUTOMOBILE LIABILITY ANYAUTO 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 AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY OCCUR El CLAIMS MADE PP j e (. LD A,, I. l � EACH OCCURRENCE $ AGGREGATE $ $ DEDUCTIBLE$ RETENTION $ $ - TORY LCSTIMITS I I ER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE ,U ; Ci SI1Cc`iI `,! T-7 I)ehtlty i.'tty A.I I (lt'IIuV E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER A Sexual Abuse EOL5281395-00 Occ. 100,000 Agg. 300,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *It's Officers, Employees, Agents, Volunteers and representatives are named as additional insureds with regard to liability and defence of suits arising from the operations and uses performed by or on behalf of the named insured CEIR I IFICA I C MULUCK CANCELLATION SANANAT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER`ILL40FAIJIMMMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, The City of Santa Ana* R 20 Civic Center Plaza Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE Jeffrev E. Frick ACORD CERTIFICAJ& OF LIABILITY INSURAN& OP ID DATE(MM/DD/YYYY) 0072120 07/22/03 PRODUCER Fitness & Wellness Insurance . THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Agency 380 Stevens Ave., First Floor HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Solana Beach CA 92075 LIMITS Phone: 800-395-8075 Fax: 858-519-0822 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Steadfast Insurance INSURER B: 0072120 Paul H. Fetters dba• The Training Spot 7602 Ontario Drive Huntington Beach CA 92648 INSURER C: INSURER D: INSURER E: X CO, CIALGENERALLIABILITY CLAIMS MADE 7 OCCUR 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN511 LTR )U NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X X CO, CIALGENERALLIABILITY CLAIMS MADE 7 OCCUR EOL5281395-00 05/31/03 05/31/04 PREMISES (Eaoccurence) $ 100,000 MED EXP (Any one person) $ 2,500 A X Misc.Professional PERSONALBADVINJURY $1,000,000 GENERAL AGGREGATE $ 3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ INCLUDED X POLICY PRO- LOC JECT 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 AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESWUMBRELLA LIABILITY OCCUR CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY TORY LIMITS ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL PROVISIONS below OTHER A Sexual Abuse EOL5281395-00 Occ. 100,000 Agg. 300,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS *It's Officers, Employees, Agents, Volunteers and representatives are named as additional insureds with regard to liability and defence of suits arising from the operations and uses performed by or on behalf of the named insured ULK 1 IF ICA I C r7ULLJCK CANCELLATION SANANAT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATII DATE THEREOF, THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, The City of Santa Ana* 20 Civic Center Plaza Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE ORD 25 0 EXHIBIT B ADDITIONAL MSU"Q ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company 1aA�� K5 wrfy , C t This endorsement modifies such insurance as is afforded by the provisions of Policy # C-0 5Z$1VV5j-00 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 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective 513 i 103 , this endorsement form as a part of Policy # Z - O 0 Issued to l er5 Named Insured Countersigned by Representative 1' OVED ,1, 'heedy � 10 city . . 0 It 06/03/2004 15:59 8585190822 FITNESS AND WELLNESS PAGE 02/03 ACORD DATE (MM/DDNYYY) ,A CERTIFICATE OF LIABILITY INSURANCE JUN 304 PRODUCER THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION FITNESS AND 1 (ELLNESS INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 380 STEVENS J VENUE, SUITE 206 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SOLANA BEAC i CA 92075 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # — - Agency, Lie#: OD28716 INSURED INSURER A: ZURICH AMERICAN INSURANCE CO. PAUL H. F 'TIERS INSURER 8: - -- _._ DBA THE' RAINING SPOT 7602 ONTj RIO DRIVE INSURER C, HUNTINGI ON BEACH CA 92648 INSURER D; – INSURER E: COVERAGES THE POLICIES OF ISURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POI.ICYPERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHfCH 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. AGGREG TE LIMITS SHOWN MAY HAVE BEEN REDUCF13 BY PAID CLAIMS. MSR ADDIL TYPE( r INSURANCE I POLICY NUMDr;R POLICY EFFECTIVE POUCYEXPIRATION LIMITS INS DATE (MMIDW"l 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILLIRETO DO BO $HALL IMPOSE NO OBLIGATION OR LIABILIYYOF ANY KIND UPON THE 20 CIVIC C ENTER PLAZA GENERAI LIABILITY EOL901232MO MAY 3104 MAY 3105 EACH OCCURRENCE 1,000,000 $ 100,000 X COI MERCIAL GENERAL UABILITY _ . lCLAIMS MADE OCCUR DAMAGE TO RENTEp .P_RF.WC.F6 (EA.occum MED. EXP (Any one person) $ 2,500 $ 1,000,000 A PERSONAL &ADV INJURY $ 3,000,0_0_0 GENERAL AGGREGATE GEN'L AG ;REGATE LIMIT APPLIES PERI ...X PRODUCTS•COMPIOP AGG. $ 3,000,000 I POL :Y f7 PROJECT LOC AUTOMO ILE LIABILITY I AN) AUTO I COMBINED SINGLE LIMIT (Fa owdem) $ ALL )WNEO AUTOS BODILY INJURY — SO 17ULED AUTOS (Per person) S HIR D AUTOS NOI -OWNED AUTOS BODILY INJURY (Per soCldent) $ PROPERTY DAMAGE Peretddem GARAGE AABILtTY AUTO ONLY - EA ACCIDENT — OTHER THAN EA ACC AN, AUTO $ AUTO QNLY: $ EXCESS, UMBRELLA LFABILITY EACH OCCURRENCE $ 00, UR �. —1 CLAIMS MAGE .$ _--- AGGREGATE -- ` DE( JCTISLE RE' SNTION $ _......—. Is WORKERS COZY 'IRNSATION AND EMPLOYERS' LI YBILITY ANY PR0PRIWMF 'ARTNEIWXCurnE iRL' �' ` KiJ.. / 1 WC STATU- UMD:S OTHER - E.L. EACH ACCIDENT S E.L. DISEASE•EA EMPLOYEE OPPICERIMFMOEF EXCLUDED? $ - lfyff, fAfarlhf um it SPECIAL PROVIS14 43 bolew - E.L. DISEASE -POLICY LIMIT $ OTHER: DESCRIPTION )F OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS THE CITY OF S 1NTA ANA, 20 CIVIC CENTER PLAZA, SANTA ANA, CALIFORNIA 92701. ITS OFFICERS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESE dTATIVES ARE NAMED AS ADDITIONAL INSUREDS WITH REGARD TO LIABILITY AND DEFENSE OF SUITS ARISING FROM THE OPERATIC NS AND USSES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. mmnrlvrAr 1^1 nam ACORD 25 (Z( )1108) Certlfic2te # 3037 OD28716 V ACORD CORPORATION 1988 r1) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENOEAVQR TO MAIL SO CITY OF S ►NTA ANA DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILLIRETO DO BO $HALL IMPOSE NO OBLIGATION OR LIABILIYYOF ANY KIND UPON THE 20 CIVIC C ENTER PLAZA INSURER, ITS AGENTS OR REPRESENTATIVES, SANTA AF 4, CA 92701 AUTHORIZED REPRESENTATIVE erl Attention: Jeffrey E. Frick, CEO ACORD 25 (Z( )1108) Certlfic2te # 3037 OD28716 V ACORD CORPORATION 1988 r1) 06/03/2004 15:59 8585190822 FITNESS AND WELLNESS PAGE 03/03 D,ATI .: June 3, 2004 POLI ;Y NUMBER: EOL9012328-00 INSU ZED NAME: Paul H. Fetters TH] S ENDORSEMENT CHANGES THE ]POLICY. PLEASE READ IT CAREFULLY 1 CG 20 10 11. 85 A )DITIONAL INSURED --OWNERS, LESSEES OR CONTRACTORS (FORM B) This ei 3orsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name � f Person or Organization: City of Santa Ana 20 Civic Center Plaza Santa. Ana, CA 92701 (If no E atry appears above, information required to complete this endorsement will be shown in the Declarations as applicr -ilc to this endorsement,) WHO 3 AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schede le, but only with respect to liability arising out of "your work" for that insured by or for you. Primas • Insurance it is agreed that such insurance as is afforded by this policy for the benefit of the additional insure( shown shall be primary insurance, and any other insurance maintained by the additional insured(s) shall be excess and non-contributory, but only as respects any claim, loss or liability arising out of the operations of the named nsured(s) or its subcontractors, and only if such claim, loss or liability is determined to be soley the negli.gE -.ice or responsibility of the named insured. Notice )f Cancellation or Non -renewal it is agreed that the company will provide the additional insured shown below lith 30 days notice of cancellation of this policy in the evert of cancellation due to company election only. Hold F arnticss Clause it is agreed that such insurance as is a.ffo.rded by this policy for the benefit of the additional insures shown below shall indemnify and hold harmless the additional insured, but only as respects any claim, loss or liab: ity arising out of the operations of named insured(s) or its sub -contractors. Severa iility of Interest as is afforded by this policy for the benefit of the additional insured shown below shall apply separai ,ly to each additional insured against whom a claim is made or suit is brought, except with respects to the limits ; f insurance under this policy. WAIVER OF SUBROGATION It is agreed that we waive any right of recovery we may have against the person or organization shown in the schedule because of payment we make for injury or damage arising out of "your work" done under a contract with that person or organization. The waiver applies only to the person or organization shown in. the schedule. SCHEDULE NAME OF PERSON OR ORGANIZATION FROM FITNESS AND WELLNESS INSURANCE %N)JUN 20 2005 12: 01/ST.12:00/No.6820420804 P 1 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (Tf012008 ) 0812012008noo6 TM. IYPE OF INSURANCE DDNERALLIAIRIm X� COMMERGAL GENERAL LW&LItY PRODUC ER Ph": ISM) M-5075 Pee IMel E1M )SM FITNESS AND WELLNESS INSURANCE AGENCY 380 STEVFNS AVENUE, SUITE 200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE GElTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SOLANA BEACH CA 92076R Tilt owAATE Tonamo s 100,000 PREMIEEE bRca..w — INSURERS AFFORDING COVERAGE MAIC # Ammi LION: 0D28718 _ VISUREDINSURER PAULH, FETTERS NI - P00d— 15 L DEBAIHETRAINING SPOT �OZ 78Q2 OITA=DRIVE HLJINT14GTON BEACH CA 9268 A: Zurich Mxrban hlsuranee _ INSURER B: JeFrickk,, INSURER C: INSURER D: A INSURER E: G CFRPAIEB THE POIIQI$ OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVIITNSTANORG ANY REG UNEMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TAB CERTIFICATE MAY DE ISSUED OR MAY PERTAN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ AWREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, IWR' LTR MBR IYPE OF INSURANCE DDNERALLIAIRIm X� COMMERGAL GENERAL LW&LItY POLICY HUASER EOL9012328-01 M Yffm` a CATRImplYm 06131106 ralcY MI Ttn, 06!31/08 LIMITS EACH OCCURRENCE i 1,000,000 owAATE Tonamo s 100,000 PREMIEEE bRca..w — MED. EXP (Any" WB l E _ 2,666 SANTA ANA, CA 92701 AUTHOMMO REPRESENTATIVE / ,CCEO MAIMS MADE n OCCUR JeFrickk,, PERSONAL 4 ADV INJURY s 1,000,000 A GENERAL AGGREGATE 3 3,060,000 GFrv'L AODREOATE LIMIT APPLIES PER: PRODUCTS-OOM=AGG i 3,000,000 X POLICY JPERm LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT E IF.B iCOiNBnq ANY AUTO ALL OWNED AUTOS BODILY INJURY (PN Batson) i SCHEDULED AUTOS BODILY INJURY i (Be Rwid.Rq .. HREDAUTOG NON -OWNED AUTOS PROPERTY DAMAGE E (PN occident GARAGE LIAyUTY AUTO ONLY• EA ACCIDENT i OTHER THAN FA ACC i AUTO ONLY: AGO S ANY AUTO E)CESS( UMBRELLA LIABILITY FACHOCCURRENCE E AGGREGATE .._� OCCUR F, CLAIMS MADE DEDuDEDUCTIBLEORNI APPROV i. ) I ,1k i'rJ F i s RETENTION S — WnRHERarLIABILBATIDN AND EMPLOYER%LI1IBILITY RIYPIIYAIINRI.'ARTNEI..FGURW PgICB.MMBBR lYBLWYRT ..IIA AsbiSt$ 7 SL L SIi C�(jV L (..TLB �?ItOT;�� Y,CyUMIT GSR @ E.L. EACH ACCIDENT i E,L.CISEASE-EAEMPLOYEE E E1. WASE -POLICY LIMIT E im AAMmRunr TIaA4 MRWlglibnw OTHER: DESCRM'TI7N OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS THE CITY OF SANTA ANA. 20 CMC CENTER PLAZA, SANTA ANA, CALIFORNIA 92701. ITS OFFICERS. EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES ARE NAMED AS ADDITIONAL INSUREDS WITH REGARD TO LIABILITY AND DEFENSE OF SUITS ARISING FROM THE OPERATIONS AND USSES PERFORMED BY OR ON BEHALF OF THE NAMED INSURED. ERTIFICATE HOLDER CANCELLATION C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEO BEFORETHE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO CITY OF SANTA ANA DO SO SMALL IMPOSE NO OBLKIATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS 20 CMC CENTER PLAZA AGENTS OR REPRESENTAnVES. SANTA ANA, CA 92701 AUTHOMMO REPRESENTATIVE / ,CCEO AltenOon: CHRIS WO.LIAMS JeFrickk,, ACORD 26(2001/09) Certificate# 22764 W ACORD CDRPURAINUR Teen I FROM FITNESS AND WELLNESS INSURANCE (MON) JUN 20 2005 12:021T.'2:00/No.6820420804 P 2 POLICY NUMBER: EOL9012328-01 COMMERCIAL GENERAL LIABILITY 'THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (Form B) "This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY SCHEDULE Name of Person or Organization; CITY OF SANTA ANA 20 CIVIC CENTER PLAZA SANTA ANA, CA 92701 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section ll) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work' for that insured by or for you 10 r—ORAQ CG 20 10 1185 Copyright. Insurance Services Office, Inc., 1984 Certificate 0 22764 FROM FITNESS AND WELLNESS INSURANCE (MON)JUN 20 2005 12:02/ST.12:00/No•6820420804vP ADDITIONAL INSURED ENDORSEMENT U InsurenceCompany Z-LtguA �M I��i iNSUIt?A✓JC [�. This andorsement modifies such insurance as is afforded by the provisions of Policy # EDOG3390 -vii relating to the following: Cine* 3lpgs 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Califomla 92701; ft officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds') with regard to Nability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to ciafms arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is affordad 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 "I 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 Canter Plaza, Santa Ana, California 92701. (Completion of the following, inotuding c:ounterslgnature. Is required to make this endorsement affective.) Effective Vh%-i -3t; 2ppy5 -1 P01 31, this endorsement form as a part of Policy# tMtF10la3;-e—oW G t�►�Tax 3r�g� Issued to Countersigned by_...__ Representative '.crura Slit: Sl:�cdy . 45���'uult C7tm ,'FCnr-,rr