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HomeMy WebLinkAboutRUSSELL & SONS, INC. 4~ ~ C~20oG AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-5238 if you have any questions. ----------------------------------------------------------------- ` The ag~em~t ~yith~~,1~~' ~ ~ ~.~~;~ -, ,~tC. , No. tiA~-~~-(7~ -C?I kJ ~ `"„ '....1 was c~nplet~d ~~n ~~.~', ~ ~ ~ ~/// ,and final paymen has been made. -t: Department: ~ ,Q j . --- _ - ~ N 2004-095 _ _ Signature. -- -- - -- ~- ';,~ `--: ~ N-2004-095-01 ~. Date:'~~JA/ ~ ~~ Revised 8-7-03 City of Santa Ana Clerk of the Council ... N-2004-095 INSURANCE ON FILE WORK MAY PROCEED UNTIL iNSURANCE EXPIRES 5-~-O5 CLERK ÒF COUNCIL ¿, DATE: It-I 7 -Dï t!-: e b{l. THIS AGREEMENT, made and entered into this 15t day of July, 2004 by and between (t.r::ul~) Russell & Sons, Inc., 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"). CONSUL T ANT AGREEMENT RECIT ALS A. The City desires to retain a consultant having special skill and knowledge in the field of plumbing. 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 on-call plumbing services at the Santa Ana Regional Transportation Center at the rates set forth in Exhibit A to this Agreement. Except in the event of emergency repair services, City shall request a proposal from Consultant which proposal shall set forth the cost and time line of said repair. City may accept, reject or negotiate any said proposal. Consultant shall not commence work without written authorization, signed by the Executive Director of the Community Development Agency. 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 June 30, 2005, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Community Development Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. Reserved. 2 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (ii) 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. (i) (iii) f. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (I) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, 3 " 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: Executive Director of the Community Development Agency City of Santa Ana 20 Civic Center Plaza (M-25) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6549 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 4 To Consultant: telefacsimile (714) 647-6515 Russell & Sons, Inc. 2122 S. Wright Street Santa Ana, California 92705 Telefacsimile (714) 545-0105 Attn: Steve Russell 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. TERMINA TION 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 5 A ... 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 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. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Consultant shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City, including all applicable federal, state, and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, the City zoning and development standards, City permits and approvals, building, plumbing, mechanical and electrical codes, as they map apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements, including, without the limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq., and the Unruh Civil Rights Act, Civil Code § 51 et seq. 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 6 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ~£( . .) f" 'I i' \. '.., . \ ¿' :) /- / m--..., .--:--1"" L- 1/ ~-- 6AVIDN.REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By' L á Sheedy Assistant City Atto MENDED FOR APPROVAL: CONSULTANT æc. ~~ STEVE RUSSELL President Tax ID# ~~) \b'70b , ~ ~Jf, A~_PATRICIA C. WHITAKER "l\YExecutive Director of the Community Development Agency 7 ;, Jun':"1 7 04 01: 15p Tllagl p.2 JAMES H~ RUSSELL & SON, INC 2122 S. WRIGHT ST. SANTA ANA, CA.. 92705 '-'-" 6-16-04 ATIN:CAROLYLN LABOR RATES ARE AS FOLLOWS: SERVICE CALL INCLUDES TRIP CHARGE AND THE FIRST ~ HOUR OF LABOR.........S69.00 EACH ADDmONAL ~ HOUR OF LABORh.......S36.SO OVERTIME AND WEEKEND RATES ARE AS FOLLOWS: $103.50 SERVICE CALL WInCH HNCLUDES FIRST ~ HOUR OF LABOR $54.75 EACH ADDITIONAL ~ HOUR OF LABOR MATERIAL CHARGES ARE APPOXlMA TL Y 20% OVER COST IF YOU HAVE ANY QUESTIONS PLEASE CALL ~TEVE RUSSELL PRESIDENT JAMES H. RUSSELL AND SON, INC. "A ,. " ... 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 8 'Rug !J5 04 01:37p Tl1ag1 p.2 ~iI.:!!:£~!!~~...L,. PIIOOVCER DATE (MM/ÐOIYYJ 07/27/04 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTlACATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR At TEA THE COVERAGE AFFORDED BY THE POLICIES BELOW- COMPANIE~- AFFORDING COV~_G~-, - - COMPANY FEOERATED MUTUAL INSURANCE COMPANY OR A FEDERATED SERVICE INSURANCE COMPANY ,NSURfD FECERATED MUTUAL INSURANCE COMPANY 5701 W. Talavi Boulevard Glendale, AZ 85306 Phone: 602-944-5566 Home Office: Owatonna. MN 55060 JAMES H RUSSELL & SONS INC 2122 S WRIGHT ST SANTA ANA CA 92705 .-------- ~15-~2 I CO~ANY ¡ I COM~ANY COMPANY D ---------- ..- . .. ..- ~.. ..." :. THIS IS TO CERTIFY THAT THE POliCIES OF INSURAIIICE 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 ISS\JED OR MAY PERTAIN, THE INSURANCE AFfORCED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ANO CONomON$ OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, &~ i TYP!OF~RANCf I -. POl~-MlMIIEA --. i :-~~.:~~~ ~~v~i;:~~ í--" .-,--:Ir~' -- m ; GENalAl.L.IA81UTY ¡ GENERAl.A~GfleGATe . 2,000,000 r~OMMliRCIALGEN£I\AlLIA8IL TY ¡ PIIODiJCTS-COMPIQPAGG . 2000.000_- A' I CLAIMS MACE ']]ocÇ\Jft 9801504 I 05120104 OS/20105 PERSONAL~ACV'NJUAY i.~-J.900,OOO_- : OWNER'S & COl'lTftACTOR'S P~T fACt-! OC~~RRc:N~,'..J.ßOO,Q.oo - X ~1NE.SSOWNEA'5POuCV .fIRE ~~~E_~~ ""!!~','!l.' 59.000 MED EXP {Anyone personl \ $ ~:::~N;:~:~:~~ LI~IT__--t: . ¡ fJer potscnl -., -- .-'".------'- ~p~a~~:~~RY . ~OMOIIIlÙIAUlUTY h ANY AUTO !--J AU OWNED AVTOS l ~' SCHEDULED AUTOS HIREC AUT~ H NON.OWNED AIITOS I --""-'-. I PROP(Rl"Y OAMAGe , . ANY AVT 0 1è... ~~~~- ,E, 'A A,C, _CIOEN.~ .;-"- . OTHER THAr:'.A\J_':O ONLY. ¡ - ,_____E~~¡:~~~~~ I.; I .AC~ OCCURAENCE_-?-- ~GRE<;AT~___-------! .,--'---- l : s we ST'" u- ¡ TH. TRYlMJT If At EL EAC" ACCID!'NT -f! EL D1SEASE - POLICV.LI~- p---- n__- EL DISCASE - EA ~PLCYEE I $ , EXCESS UABlLfTY [l UMBRElLA FORM I OT~ 'OiAN UMIIREU,A fORM WORKERS COMPENSATION AND ENlPiOl'ERS' UA8llITY THE I'IIOPRLETOR/ PAI'TIIIERS/EXECiJTIVf . OI'FIC91S ARE: 01)1£1\ INCL EXCL DE6CR1PT1O!\1 Of OPÐIATIOfIS/I.C)CATlONSNEHICLfS/SÆClAL ITEMS SEE ATTACHED PAGE \~..~i,l!Ç4t~Ø~~~b;:~:l@f~j1¥Æj¥W@@¡i¡~%ti~tl~~~@Jf¡j;@@%~(fl;%@U@i¡:~~~,gUb$HfB1.;ß:?Nm::;¡¡¡.:j;;¡":HF-.;'{:i:f:r};:!.';(;.¿<!i,i:j:j:i/;i::., " .:'::"':.""":".,., THE DEPOT OF SANTA ANA 94 SiIOULD ANY Ot TfIE ABOVE DESCRIBED POUClfS at CAI\ICE\.LEO BEFOIIE THE 1000 EAST SANTA ANA BLVD SUITE 108 SANTA ANA CA 92701 'Rug 05 04 01:37p Tl1ag1 p.3 CERTIFICATE OF INSURANCE INSURED 315-990-2 JAMES H RUSSELL & SONS INC 2122 S WRIGHT ST SANTA ANA CA 92705 DESCRIPTION OF OPERATIONSlLOCATlONSJVEHICLESlSPECIAL ITEMS CERTIFICATEHOLDER IS AN ADDITIONAL ¡NSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED BY CONTRACT ENDORSEMENT FOR BUSINESSOWNERS LIABILITY. RE: PLUMBING MAINTENANCE INSURANCE PROVIDED BY THE BUSINESSOWNERS LIABILITY IS PRIMARY AND NONCONTRIBUTORY OVER OTHER INSURANCE. ADDITIONAL INSURED INCLUDES: THE CITY OF SANTA ANA, 20 CIVIC PlAZA SANTA ANA CA 92701, ITS OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES. ~2A CERTIFICATE HOLDER THE DEPOT OF SANTA ANA 1000 EAST SANTA ANA BLVD SUITE 108 SANT A ANA CA 92701 94 08/04/2004 WED 09:06 FAX 714+565 4020 CITY OF SANTA ANA !4J 002/005 This cenities that CERTIFICATE OF INSURANCE 0 STATE FARM FIRE AND CASUALlY COMPANY, Bloomington, Illinois ~ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois 0 STATE FARM FIRE AND CASUALlY COMPANY, Scarborough, Ontario 0 STATE FARM FL.ORIDA INSURANCE COMPANY, Winter Haven. Florida 0 STATE FARM LL.OYDS, Dallas, Texas ¡n:sures the following policyholder for the coverages indicated below: Name of policyholder JAMES H: RUSSELL &. SON INC- Address of policyholder 2122 S WRIGHT STREET SANTA ANA, C)\ 92705 Location of operations ALL OPERATIONS Description of operations PLUMBING The policies lisled below have been issued to the policyholder for the policy perIods shown, The insurance described in these policies is subject to an the terms exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims, POLICY PERIOD liMITS OF LIABILITY POLICY NUMBER TYpE OF INSURANCE Effective Date: Expiration Date (at beginning of policy period) Comprehensive ' BODILY INJURY AND , . PROPERTY DAMAGE Business Liability : . This ¡ñsu'räñëèi ¡"ëiüdeš:-' - -Li- Prodüëïs. ~ Cõmpleted ofjåiåt¡ciñš..".""'."".'" - -- - no - 0 Contractual Liebiliiy 0 Underground Hazard Coverage Each Occurrence $ 0 Personal Injury ¡/f./ 0 Advertising InJury ~ General Aggregate $ 0 Explosion Hazard Coverage 0 Collapse Hazard Coverage Products - Completed $ 0 Operations Aggregaie [j POLICY PERIOD BODILY INJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective Date: ExpllBtJon Date (Combined Single Umit) 0 Umbrella ' Each Occurrence S . 0 Other ' Aggregate $ , , Part' STATUTORY . , , Part 2 BODIL. Y INJURY , , Workers' Compensation I , , and Employers Liability . Each AccIdent S , . Disease Each Employee $ . , , Disease - Policy Limil ' $ , POLICY PERIOD LIMITS OF LIABILITY POUCY NUMBER TYPE OF INSURANCE Effective Date ¡ Expiration Date (at beginning of policy period) F20-074l-AOl-7SC "'FLEET POLICY 07/0J/04 . 07/01/05 1 MILLION . , , *STATE FARM MUTUAL AUTOMOBILE , T'IIIS. COMPANY , +HIRED,NON-OWNED, SCHEDULED AUTOS ' , CERTIFICA'l'E HOLDER IS NAMED ADDITIONAL Ir>lSURED. ADDITIONAL INSURED ENDORSEMENT ATTACHED. THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVEL. Y AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled belore Its expiration date, State Farm will ~ mail a written notice to the certificate holder 30 days before cancellation. If ~e\l\,'8\"8f. ore fa;1 te ""ail el:l8A l'1etiee, "'I; I;ltliaSli81'! Sf lIee:lit) ~:JI ~e :1'l"I !5e.,ed ðP'l Oiaið Name and Address of Certi1icate Holder e THE DEPOT AT SANTA ANA ATTN: CAROLYN FULLEB.TON 1000 E SANTA ANA BLVD, STE lOB SANTA ANA, CA 92701 07/19/04 QQS.994 Q,3 04-1999 Printed in U.S.A. SToIITE JAIN A KELLY DAVII. Agent Uc. #0671405 2677 North Main Street, Suite 150 Santa Ana, CA 92705 Title I Age",'. Code Siam, AFO Code KELLY DAVIS SANTA ANA Dare 8602 F418 ¡vW}- -.......-. ...-- 08/04/2004 WED 09:06 FAX 714+565 4020 CITY OF SANTA ANA 14J00J/005 ~ul IS 04 09~00a T 111!!1C 1 p-3 THIS SHEET MUST BE COMPLETED AND ACCOMPANY THE CERrIFlCATE OF INSURANCE " ADDITIONAL INSURED ENDORSEMENT Insurance company STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY This 8ndor5ement modifies &UGh insurance as is afforded by the Jrovisions of Policy No.F20-0741-A01-'75C relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, Califomia 92701 its office r5 , employees, agents, and representatives are named as additional insureds ("'additional insuredsj with rsgard to liability and defense of suitS arising from the operations and uses performed by or on behalf of1l1e named insured. 2. With respect to claims arising out 01 the operations and uses performed by or on behalf of the named insured, such ìnsuranee 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 øpplies 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 i~cluded.. Wirh respect to the additional insureds, this Insurançe shall not be cancelled Dr . materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ans. 20 Civic Center Plaza. Santa Ana, Caljfomia 92701.' . 4. ~ (COmpletion of the folloWing, including countersignature, is required to make this endorsement effective.) Effective JULY 1, 2004 I this endorsemenl form is a part of Policy No. J20-07 41 -A01-75C Issued to J~ES H RUSELL & SON INC ~--,~_.__.- --- Named Insured ':' KEL~ ~~~ Countersigned by H:misc;Ct<lÌfiØtI; of ID'1lfõ\II1: addXlœ~1 mdanl:l1Iml 08/04/2004 WED 09:06 FAX 714+565 4020 CITY OF SANTA ANA !4J 004/005 CERTHOLDER COPY STATE P.O. BOX 420e07. SAN FRANCISCO. CA94142-0e07 I;O"",,..NSATIQN INSURANCe FUN D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE PATE: 07-20-2004 GROUP: 000046 POLICY NUMBER: 11385-:2004 CERTIFICATE ID: S9 CERTIFICATE EXPIRES; 02-01-2005 02-01-2004/02-01-2005 THE DEPOT AT SANTA ANA ATTN CARLYN FULLERTON 1000 E. SANTA ANA BLVD STE 108 SANT~ ~A CA 92701 ) This is to cenlfy that we have Issued a valid Worker.s Compensation Insurance policy in a form approved by the Califomia Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellaüon by the Fund except upon 30 days advance writien notice to the employer. We will also gIve you 30 days advance notice should this policy be cancelled priorto'ils normal expiration. This certlf1cate of Insurance is not an insurance policy and does not amend. extend or alter the coverage afforded by the pOlicies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of Insurance may be Issued or ms¥ pertain, the Insurance afforded by the policies described herein is subject to all the terms, exclusions, and condITions, of such policies. ~ ,ð~ c. 1)£ AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 07-20-2004 IS ATTACHED TO AND FORMS Ä þA}(.T O~ THIS POLICY. NAME OF ADDIT'!'ONAL INSURED: THE DEPOT AT SANTA ANA ENDORSEMENT #lS00 - STEVEN J RUSSELL, PRES¡DENT - EXCLUDED. ENDORSEMENT #1600 - MARCIA L.RUSSELL, SEC,TREAS. - EXCLUDED. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIV~ O~-01-2004 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. I~ EMPLOYER JAMES H RUSSELL & SON, INC 2122 S WRIGHT ST SANTA ANA CA 9~705 SClF 1 a~i2¡¡ ACOIIpllhls celUllCIIle 0IVy II yo¡¡ see s fIIInl ~slernulrl< IIISI fellde "OFFICIAL 5TATE FUND DOCUMENT" ~~~~~: 07.200~OO4 PAGe 1 OF 1 08/04/2004 WED 09:07 FAX 714+565 4020 CITY OF SANTA ANA 141 005/005 \, I' \' I NI ')~I I", . :1 'I HI"YI~ ' ,1';,'1,," .,:,' " I ",~.. ,",',oJ ':I'III,~~'r I 'I:", 'lol, ,II "', .I, ,,' I CO'p"V,I' , I, '.'." '"'," ''-''''''",:1 /'"" . '1"'f,~,,,',,,,,,,,"'CERTHOL:.oeR,, , " -: , "":. \::':,:, '~' '." ,', :,':, ",:" :,: ':' ;, <:',', ':~'~ ",::"":;"'}/\'" ::"-,':" ,f', "., ,,. ;, P:O. ,BO~::::8p.7. ,\SAN ,:,FRANCI'S~O;C~~:;g,~f4.2:7PIØPt'" ':::;,;,~"",,\~:I,:,: ' .. , .,':",':II'II~~ .' I~~~:'I"::""~," . ,,'!' ,;'I'I"h.J: ",~,~" ',::" '.; !'. ',\/,:,.,1., " -'.1,...1 ,/" :,~,,',ì"""",Y' ", :¡,I~" '~""'r.';II(',,'I,"': ,'111:' ,',~ ~~','I'~',"'~~","\>¡:I"" CERTIf:ICATE',,':Ø,f; W,O,~Ea~' '"CqM~E~~A TlpN\INSLJRA:~C,E , ,,'\, ,t :.~,/ ,I' ~~~,"J;", II/I ': ':", ,,¡; I' ",:',:1 ¡ "'I' ':' .~ ,01 ,...,~,',~,.í 'I /"S, ~ I 'r ., ' ~II'''' ,N, " ,'.' .~;, GRqUP: I: , 'I ~ I,' I, ", ":, COÒO,48 , ',' " :"",1>'; ":. ' ': :'POLt'CY NUMBER:. ':"1' 'Qo11~85-2Ö04 ""/'/' ":0< M 'I' n',"'" ,:CenJIF.lC'~TE,ID;" ',25' ',,' -i' ':,':";'1,,,',' " ':;"':CERTiFICA TE',ÉXPIRES;: '0~-O1-2005. 'I: " . ",:: ,; ,02-0~-\2Ç1041'~2'-01-2'OO5 .. ", 'S~N:t,A AN,A/ R'~G I å~A'I.::, 1R,A~'SP,OftTA:rioN" ,qR ',',';'" ':~:,..:' ,::;:/ I ,;;,:!'::~:'i "I:i',', ""'::<,:1 >""'1' '" "" " 1O'OO:'["SANTA "NA. BLVD 300' '" " r: \qi"",.,""" , \' / SA,NTf'ANA,CA ,~2~Ol,';">~"'~""~',',,,,;~,,:,,'::' ",,'::':.-.;,":,,-. :;~" ,:;>:,:..::,::,-:,> ,," " (" ~('. 1 \ , , ' , " , 'I. I' ,,"I, ','I "I'¡' , Þ'loI "'1'1,' k "~', ',', 'I, ';'~"::II' ,', '01"" ,'"I~"II'-. ,'I,: 1'( I" ,,' ",,,\',, ,,"¡"I,'.'"I' ~' " ',:' ,u. I ~" 'I:V', I',. .' ' ,::' :',,~'~i 'I~,,'~,' ':""'~~7' ,,,, N.. ,,',,1 :\1, I, I .'I',(,"!",'* ¡N~,M,'i,'V \ ""~,, ,".:.' "'I'" " 'II'" II' "Þ'" I ',I "I , "v..I~' """","JI',:¡.~v" ,,:" ",:,'i; , ~'Tn'is i$ :to certify th~~ ~e, I hsve" ;s5ued ,~", va;id ~or~e~~'" C~mp¡~sJ~~i~~' i~S~~~':~8 ,~o~~'~ ' i'n":~' ""~:~:~'~' '¡~pr~V'èd' by th~' ,California' Insur¡nc8 Commis'Sioner to tne: ernPloy.er named: Þel~)or,~e ::pôlicy ~~dod'jrid¡clÌj;ëd.,,: ' , ,',.', \/¡',''', ' , ' , ,", " " " ", . ~I ',",",' " \ ,,,,I. ' " ~ " ." , "', ~ ': " I " ' I, 'I' ' , I, II,;;' ',' ~ :1,' ,'.1:'1 ',' ',1'1, ',I ~~ I "1: ,.:, ,This, ,'poliçv is ,not s~bjec,~ to ca~cell~t¡on' by,'ltne: Fund except I:Ipon 30 d¡¡ ~$' ~dva!:\c:e" ~~.itt~~ 'n~tic:e to tije' employer, ':, I I',~r 'I"' 'II ':1: '::'" ' ~, ",I ""I~', I',,", :1', Jlh, /',,:,\~ \1.'" :::,' ,:',oI',,~, "M' ~';,;"~~~' ': ,~,' j, , """~I':" 0e : ~iU '~,I~O give ~o~ 30:"~~;~ '~dvanç ~otice should, th~s :p~1i ~~ be" c~~eJlBd',,:'prjor )0' 'itS:. :~~~~;'1e~'Þirati'on::' .. I,; " I' ,', .. ' ... I' I, I'" 'I' ',', ,,' I:', I,' , II' \ ' ' f¡ '.,',' . 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' ;~:1:; i'!,t,;;;,;,;, { '""¡ , ," ,,", , ,"," I,":",:. ,,",:,..,,, ",,'",.'.. ,~,,""'," ,,~'" ¡o1, ,¡:,:;,!,,~,) :~'¡',~ I'~~"""'~""" ',e. ,'''''''':''1'\'''1' ,,~" '\jl"f',,,~,<,:,,'t"" ",,-; ',~i~~l:EGAt!'.NAMÈ' . " ." ," II:¡.;,"""..~, "I'" , ':,';:k":, '}:~~;,;"'j~,i~<~:::1~~,,L;;~?"4,~;':;~!:::tt:~,~~~1~~,'i,;'~::¡~:;0;.j;h ~)[;¡:1~': '¡r:::kÙ';' \:;~:f;:;::;'.:> ",,~,.:,¡,:':':': t':,,1 " '.¡,; .'" JAI1ES H 'RUSSEt:'L'~'~(,S.ON ,',' HJC ',:,1, ""I,:,"t.<: ;", - ',',:: "~('~.' .~,' ,..... .;~AMES,.'t:I""RÙ$SSLJ.:,' &::'SDN ,.,,;¡INC' ",: ' " , ,C ¡ ~,~' / "h::1~2':I'22 ;s WRI GHT'S'J""" ",~' ,.,'",,:~,', I', , II' " ' , '.. '" ,,,.,~.. II.", ,,"""", ,", ¡:""",,'i, "", ,,' "I',\~":' ¡""'""I.,)¡",,,, , .',,,~, ""I"'~';,<' "~'I ,',!:I :1',,'"': ';;::1': 'I't '\'~, ,. ~ I",W ,,',,' 'I" <. I ,.\~., )'\1'\t~I/I:\ I~' \""f'~,",," .(.>,~...\ "'~"/~~" \\(,1',:...1"'.'( I'¡ I "..c.,llt'. """'\I~'~" .1 ""'~" , . "~,,, \ ., " ' :"', S'ÄNT'A "'''AN'A "cIS.' 92.'7ÔS" ,- " " "I" ''':, ' ' ~" I; ~ '~ :",N~t.""':"" ,:'" .. , "L"¡' ''U::ï.,..''~' "," '\',' \" : "",. ..', "q"~:, ,;:' I'" ,~, ,~N' 'I':: '" )::,'" ' ,,'~~í ¡~;;\', "<:'Y\!;';~ k.,1/ ., '~\ {A\ :;"':i:'::~l::' ';'.:~ ~,',~:m.~if~{~~~::,.L:'~ " SP """, ',' " , .~, I .. , , ", /, ,,¡'I -,t,S1!ATE. :,~,è:OMPËNSATJOt:.t '. " ': IN'S U F,t ~:'N'" C;, I! "F,UN"C: , " :'I~ ""\ ., :11 " .) :, , I" ISSUE, ,DATE: 02-01-20,04 . '.' . ,,, " . , ... 'I~ ~~ , 1,1, I "~ .'" '. ':+,,:1',., ,I:;''. , I," ~ " ';"1 ' '" . , " " , .,' \ '.I~', 'I,. ,,' ,r I ~I' " ',. "" ,I', ,,' " I ~ ' 'I "I," " ,,' ... ~,: " '. I':'" ';,;1', ,~', " ' '''I. ',¡I,I'$.. ,;1::' . ;~:;:/: \:' \,,"'.: ,',I . 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