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HomeMy WebLinkAboutCARD METERING SYSTEMS 1G ZOOS, V/ AGREEMENT TERMINATION 2` 16 Please complete this form when the attached agreement is no longer in effect. L,' 'TV Return form to the Sr_ Deputy Clerk of the Council (M -30). C 116f%5 ;238 i RA e any questions. The agreement with lam'\ �1 LVIG'j at 1 , �(n�.., No. 1U "off ,5—OC)1 was completed on 1 1 p � I (j5 ,and final payment has been made. Department: 1' ILC5 IA' Signature: 'Ffx Date: (-Qili1iLy City of Santa Ana Revised 8 -7 -03 Clerk of the Council INSURANCE ON FILE WORK lirA Y PROCEED UNTilIl~SURANCE EXPIRES J.f - d, fI-06 CLERK OF COUNCIL DATE: /- 13-oS C,: PR.li. THIS AGREEMENT made and entered into this r day of~, 2004 by 1..1>.~) and Card Metering Systems, 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"). N-2005-00l CONSULTANT AGREEMENT RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of management of self serve photocopiers, printers, coin operated mechanisms and debt card controls. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the perfonnance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services perfonned by Consultant under this Agreement will be perfonned in compliance with such standards as may reasonably be expected from a professional consulting finn in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the tenns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide copier and micrographic printer service with debit card technology at the McFadden Learning and Technology Center, as set forth in Exhibit A ("Facilities Management Agreement") 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 $3,700.00, annually, during the tenn of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work perfonned, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of perfonnance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and tenninate on December 31 2005, unless tenninated earlier in accordance with Section 12, below. The tenn of , , this Agreement may be extended for two additional one-year tenns upon a writing executed by the Executive Director of the Parks, Recreation and Community Services Agency and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tenn of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant perfonns the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking perfonnance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees 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 perfonnance 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 fonn attached hereto as Exhibit B upon execution of this Agreement and shall be approved in fonn by the City Attorney. b. Business automobile liability insurance, or equivalent fonn, 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 perfonnance 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: 2 (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in fonn by the City Attorney. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (ii) (iii) 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 tenninate this Agreement. Such tennination shall not effect Consultant's right to be paid for its time and materials expended prior to notification oftennination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work perfonned 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. 7. CONFIDENTIALITY If Consultant receives from the City infonnation which due to the nature of such infonnation is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such infonnation except in the perfonnance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own infonnation of like importance, but in no event less than reasonable care. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with perfonnance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 3 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 Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 and 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: CMS, Inc. 1571 North E Street San Bernardino, CA 92405 telefacsimile (909) 884-6058 Attn: Tamara Leslie 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 tenns of this Agreement and any attachments hereto, the tenns 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 tenns or conditions of any purchase order or other instrument that are inconsistent 4 with, or in addition to, that tenns 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 perfonned by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be tenninated by the City upon thirty (30) days written notice of tennination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services perfonned by Consultant prior to receipt of such notice of tennination. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, tennination or other employment related activities. Consultant affinns 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, perfonnance, and enforcement of any of the clauses of this Agreement shall be detennined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the tenn of this Agreement, maintain all necessary licenses, pennits, 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 pennits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for tennination of this Agreement. 5 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 tenns 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ~¿.:.. -J1 <f pATRICIA E. H;A,.L Y Clerk ofthe Council ~~ City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By:dtW-Æc~y Laura Sheedy / Assistant City Attorney.. CONSULTANT Tax ID# g(P05$ ;J1C:> 6 . . EXHIBIT A FACILITIES MANAGEMENT AGREEMENT CMS, Inc, will provide the following Facilities Management Cost-Per-Copy system to provide self-serve photocopiers, micrographic reader printers, coin operated mechanisms and debit card controls, and printers to be located at City of Santa Ana, McFadden Center, 2627 W. McFadden, Santa Ana, CA 9270 I. EOUIPMENT CMS will install, onerate, maintain and service the following enuinment as more fullv set forth below: Item Description Location I Sharp SF-7900, Coin Operated, ACT Debit Card add value reader, McFadden Center SOO Sheet 8.Sxll, 2S0 Sheets 8.Sx14 Citv of Santa Ana 2 DigiNet Print Management Software on NT network with debit McFadden Center card and HP Network Printers for printing from LAN City of Santa City of Santa Ana Ana owned. Debit Cards will sell for $1 and be encoded with $0.50 of value. The Debit Card price is $O.SO, including sales tax computed to the nearest mil. The Debit Card is non-refundable. Replacement copies or prints will be issued as refunds. The branch libraries will sell pre-encoded debit cards for $3.50 including sales tax. The cards will have $3,00 in value plus a SO.;-card charge. If a card is turned in towards a purchase, a credit for SO'; will be allowed. CMS will sell the cards to the City of Santa Ana for the branch libraries and bill the City of Santa Ana for the cards delivered. The Main Library will disperse the debit cards to the branches as needed. Debit card sales will be included in the gross sales. SUPPLIES CMS provides 20 lb., long grain bond paper, no less than 86 bright and OEM toner. It is recognized that in an emergency the City of Santa Ana may supply an inferior grade of paper without causing this contract to be breached. VEND PRICES Debit Card with coin on copiers, prints, and reader printers CMS offers the following vend prices: Debit Card core charge Photocopies 8-1/2" x II" and 8-1/2" x 14" Card Computer Prints SOø ISØ Coin and ISØ Debit IS'; per print, Debit Card only Sales From Sales To Commissions/Charges $0.00 $300.93 per month gross sales Customer guarantees a minimum $300.93 sales per month in grOSS sales $300.94 And above in net monthlv sales Customer earns 20.% above $300.94 MONTHLY COMMISSION and CHARGES City of Santa Ana agrees to subsidize and guarantee the minimum average monthly revenue of $300.93 per month to be computed on a quarterly basis. In the event the net quarterly revenue generated is less than $902.79 City of Santa Ana will be charged the difference between $902.79 and the actual revenue collected. Commissions will be computed monthly and paid quarterly, Any guaranteed amount owed during the quarter will be deducted from any commissions earned during the quarter and a check issued for any commissions earned or an invoice issued for any balance owed. 7 , . TRAINING CMS will provide all necessary Key Operator training for your City of Santa Ana staffs so that they will be able to effectively operate all equipment provided. SERVICE CMS provides scheduled maintenance and emergency service Mondays through Fridays from 8:00 a.m. to 5:00 p.m.; Saturday and Sunday service from 9:00 a.m. to 3:00 p.m. Service calls are accepted seven days a week, 24 hours a day through one of several 800 service numbers. The lines are staffed Monday through Friday from 8:00 a.m. through 5:00 p.m. and through our voice maiVanswering system during after-hours, holidays and weekends, Your service requests will be handled by our skilled factory trained technicians. Our technicians operate from our fleet of electronic-dispatched fully stocked service vehicles that carry parts, supplies and paper necessary to operate and maintain your Facilities Management Cost-per-Copy System. A parts storage locker will be installed in the library (if space is available) that will enhance the service technician parts supply. Emergency Parts Orders are available to augment the normal part's inventory. Maintenance and service scheduling will be according to the factory recommendations for preventative maintenance and "emergency service" will be on an "as-needed' basis. Our response time for hardware and copiers is eight contiguous working hours. OUT service technicians or account representatives will collect the machines on a routine basis. KEY OPERATOR RESPONSIBILITIES Staff will provide Key Operators and MIS Staff to operate the ITC Print Queue System and hardware installed by CMS. The Key operators will do the following: 1. Load Paper 2. Clear Paper Jams 3. Replace Toner Cartridges when they run out of toner, 4. Reset the Print Queue Workstation if the station is not recognizing the print jobs. 5. Check and verify the Print Queue Workstations are logged onto the server. 6. Manually Print a "Test Page" to check that the printer is working and printing. 7. Notify CMS after verification that the problem is not Network related, or if it requires supplies, paper, toner, debit cards or the machine will not take money. Every time a Workstation Printer is reported "not working" a Key Operator or MIS Staff who has a working knowledge of the network MUST determine if the problem is either NETWORK related or is a PRINT QUEUE workstation problem. NETWORK PROBLEMS ARE LIBRARY RESPONSIBILITY Client is not logged on to the Network Print Queue Workstation is not logged on to Network Print server down or locked up due to bad data packets from Internet printing Client workstation locked up due to corrupt data sending to print server Client workstations with improper driver loaded Client workstations with improper log on numbers Client workstation dropping PCL code due to overloaded cache Network losing printer address PRINT OUEUE PROBLEMS ARE CMS RESPONSIBILITY Printer does not deliver a "Test Page" when a manual test is started Debit Card unit is jammed Debit Card unit displays a "error code" Hardware errors, FAT errors, GPF etc. a. b. c. d, e. f. g. h. a. b. c. d. Key Operators or MIS Staff will immediately notify CMS of any problem requiring technical assistance that is beyond Key Operator or MIS Staffresponsibilities identified above by calling our toll-free number, 800-527-3331. In the event the Key Operator, MIS Staff or other authorized Library personnel call CMS for service and the problem is found to be NETWORK related or a Key Operator responsibility a minimum service charge of $1 00 for 8 . . the first hour and $69.00 for each hour thereafter will be charged to Library. [During the initial 30-day period after installation all service charges will be waived,] KEY OPERATOR BYPASSIREFUND COPIES Each Key Operator outside the City of Santa Ana will be supplied with one 100 unit card for use in giving service and bypass copies. Key Operator Cards will be replaced as needed. The City of Santa Ana will be issued ten 100- unit debit cards for use in giving service and bypass copies. STAFF BYPASS COPIES The City of Santa Ana staff will be provided one 200-unit debit cards for making monthly staff copies in the McFadden Center. Additional debit cards may be ordered from CMS at the rate of$6.60 for a 200-unit card or $3.30 for a IOO-unit card plus sales tax. Staff cards may be used on copiers, computers, micrographic reader printers, and printers. INSURANCE CMS will provide a Certificate of Insurance to the City of Santa Ana Public. The amount of insurance will be $1,000,000.00. Failure to maintain insurance is a breach of this agreement. TERM OF AGREEMENT 1.. ..J~y of Santa Ana grants CMS the exclusive right to provide the equipment specified above for a period ending 2WC{' .~. fellf months after installation, after which it may be extended for additional 12-month periods with the 0J ' approval of both parties. CANCELLATION CITY OF SANTA ANA may cancel this agreement for cause if the vendor, CMS, defaults or violates the terms of this agreement, unless it is out of the vendors control, by giving the vendor a written 30 day notice of intent to cancel for cause. Items that are considered "Cause" include: failure to replace any piece of equipment that has more than five (5) failures for the same problem in any 30 day period, failure to respond to a service request within eight working hours, failure to deliver paper, toner and other supplies within eight working hours or lapses in or cancellation of our liability insurance. Exceptions to "Cause" are elements that are out of the control of CMS or act of God. Such elements could include: traffic or weather conditions or natural disasters that cause delays in travel or transportation, earthquakes, strike by suppliers, out of stock conditions of suppliers or product unavailability from suppliers, CITY OF SANTA ANA may cancel this agreement for non-funding on the part of the City of Santa Ana. This agreement may be canceled with 30 day written notice mutually agreed upon by City of SANTA ANA and CMS, RE-OPENERS/ANNUAL REVIEW This "Agreement" provides for an annual review of the copier vending operation provided to the CUSTOMER by CMS. Items to come under review shall include, but not be limited to, performance of service responsiveness, evaluation of the equipment as it pertains to meeting the needs of the CUSTOMER and suggestions that may improve the overall operation of this enterprise. This "Agreement" may also be "re-opened" for modification(s) during the "annual review" and at other times as may be necessary, Any details contained within the "Agreement" are subject to modification at the annual review meeting and shall become binding upon the written agreement of both parties. The scope of such items could include, but are not limited to, changing the vend prices, term of agreement, changing or upgrading of equipment, adding equipment, changing the commission plan, bypass copies, charges for bypass copies and so forth as long as it can be cost-justified. 9 . . . . 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 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses perfonned by or on behalf of the named insured. 2. With respect to claims arising out ofthe operations and uses perfonned 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 ofthe following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement fonn as a part of Named Insured Countersigned by Authorized Representative 10 :'..2/137,~2e0b 11: 51 520571%67 KDTVLEAVIT - ;!D /~) _ fj! fN3E 02105 --.- kGORQ. CERTIFICATE OF LIABILITY INSURANCE DATI (MMIMtvVY'f) 12/07/Z~ "''''''''''' ($20)$71-1900 FAX (SaO)S71 9&67 THl$ CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ~?~-~eav;t~ Jnsuranc_ AgenCY, Inc. ONLY AND CONFER.S NO RIGHTS UPON THE CERTIFICATE HOf.,OEIl. THIS C~.J.f.'TE DOES NOT AMEND, EXTEND OR 699~ E. Bro~d ay Bl vd ALTER THE COVE AFFORDED IIY THE POUClES BELOW. Tuc:;~n. AZ &5710-2803- INSURERS AFFORDING CO\IERAGE NAIC # """""" Card Metered Syst.... Ine I~": Hartford Casual ty Ips.ranee Co 2'4~4 11M: 0lS_ INSURER ~ lt04 ~ An;ta Ave lNSUR"'" iucson, AI 85705-751. lNSl.M1tb: ~r;:: '::o";.R~GIiS THE POUCI!;$ Of taUR^Noe USTED BELOW ,",,^VE ~N ISSUED TO 11-lE INSURED ~ ~ FOR. THE POLICY PERIOC tQC:ATEO. NO'T'\Nm-tST~ AN'( RECUREMENT. TERM OR ~ IS ANfCONTRACT OR OTHER tJOCt.,IMItIIT WITH RESPECT TO YVHICt1 TI"II5 CERTFlCAlE MAY BE IS6lJED OR pjAY PERTAIN, lHE INS1.JRANCE AFFOfmeO BY THE POL1CISS ~aeD tEFtElN IS SlI8Jl::Ci TO AU.. Tl"Ie TERMS, EXClUSIONS AND CONDITIONS OF SUCH POlICIES, ~GAre. Ul<<TS SHO\/\IN MAY HAVE SEEN REOtJCE)BYPAlDCLAI~~ ~ . ~............, POUCY........ ~ L""" i ~.....u-.rrv S9SllAIllU46~-06 07/01{2.004 07l0la0l)7 eACHOCCURRENCE . l,ooo,OO(l : : X ~CEN!:RAL UABlUTY D.&.MACe'm1tEN'tED . 300~ AI !WM...."" [!l"""" MEDE.J:P{Mr_~ . 10. ~RSON""" & ~rN!NJI)RV , 1 001).000 Glii~Al AOOR5"re . 2 001).000 - _~=".'. ....~~!liA"I1: uMIT"1*lI'~~ PROOIJC'l'S. CCMP1OF' AQG , Z 001), DOO .ip:>~n-~ -nLOO ~- ,~, :~.w:~t.E UAiIlUlY 59UEClM7330 07/01/2006 07fOl/20l)7 COMBINED SINGlE UNlIT I Etmro ,..- . 1,001),001) .II.l...L aNNED"lITOS 900Il.'f~ . , SC'"'f!lJUl..EDAt.nOS (""'"....., A ~- ~ H~"L.'T06 9OO!l "IlNJUA'l' H NCJNoQWNlro AUTOS , \ {Pr.r~ --j rJ'I;\II"'Cfill,~ , (I'M_ ~UA!fUTY ^VTOONLY.EA~ . NNAUTO ""'..""'" ",ACC , , " "t.J'I'OONlY: ..,. , ~ ~WlRQ.u. uA8lLl1Y EACti OOOURRENOE , ;:::J"""'" o Cl.AIMSM^CE AGClREGATE . . ~~. . "En"",,'" . . :W\-~~nONANtJ WCSUIl1.L 1'l!l:' i n!'":..cmIIU':J.UlUTV Ei.L. EACH ~NT , i "'NV~~A.lmIi!~mvc , O!!e<oeRIf,EMElER ~OLl1D I"'L OI!!lt':ASE:. ~ eMPlOYE , If ~ dN:qb UnMr iLL DISEASE - POLICY LIMIT 5PeClAL.PROV'ISIONSbeIO'W . OTHER , ::S:::;:-.l?T.~ OFOl"2!P~TJOI'lel,"~T1ON$IV!HleWJElC~0t016~a't' ENOOA.9EiMM 1~Al.I""OVISlOHS ~-e: C?J7Y ~c ,nes at santa Ana pu 1C L, rary fhe C~ty of Santa Ana its officers, eqJloyees, agents and volunt~r~ tlIt"'e named .Il5 Additional Insured for Ce"eral l1ability p~r pageg 11 , 12 . 15 (for pd_ry " "",,-con~ributory ..,.dillll) of form S5QOOS (04/GS) auaclled *Statutory non-payment This c~rtificate is 5ubjmct to all policy t~rms, condition$, ttXclQsions, forms . endorsements /1/ /) c: C T'FiC E HOLliER .}..i:. OF 't'HI;: M'OVi Oe$CRlSED f'OLrt::rF.3 BE 0l"INCE;u.El:t BEfORe THE e~MTlON OAT'Iii TIBt:;Ol", THe 1$$lJ1l'lO iNSUlteR wh.i. ENQEJ\VOR TO MAn. 30* nAYS ~t'tiEN NOTICE TO THE oeRTlliICA,TJ;' HOLDER NAMeD TO Tl'lt! Lt!!'T, City of San~a Ana :'~"~ of the City Council ~'.' Civil; CAnter Plaza (M...30) Santa Ana, CA 92704 ~/~r-~z: A,~;:;o;;L," 10 "";'c;: Pdt _: ,/ Bl.IT FAlt.URE TO MAIL SUOH NOTIO& SHALl. IMPOse NO OeLK;ATION OR t.1A.8IUTY ANY KIND UI"ON THE t~UR'EiR. ITS MENTS OR REPflE5fNTATIVE3. I'!~CN'r^T1VE: @ACORDCORPORATlON '988 ACORD 25 (2001108) 12/0702006 11:51 5205719667 KOTYLEAVIT PAGE 03/05 IMPORTANT IllM cerlifloate holder i. en ADDiTIONAL INSURED, the policy(les) must be endorsed. A statement on thiS eertlftcete does not confer Mghls to the ceJ1ifieale holder In lieu of such endorsement(s). II SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, eert.1oin pc:>lici.. may roqui.... on endorsement. A .wemoot On this oortlficat. doeo nol confar ri!lhts to th. certificate holder in lieu of!Uch endorsement(s). DISClAIMER Th. c.rti1ioate of Insurance on the rove.... $ide of thl. form does not conotitule . contram between the issuing insurer(9), authoriZed representative or producer, and the certificate holder, nor does it eflirmatlvely or negatively emend. extend or 8~r the coverage afforded by th~ polieits 1i8ted thefllQn. Af'PR.G TO FORM ./ cy .>'.o;,:".U. r;:lcr~,cy ,':\cc:~~\ ~ (2CC1iOS) 12/B7~2006 11:51 5205719667 '" ,., .... '" (') lb) Rented to, in the care, custody or control of, or over which physical control Is being exercised for any purpose by you, any of your "employees", "volunteer workers', any partner or member Qf you are a partnership or joint venture), or any member (If you are e limited Hebillty company). b. Real Estate Manager Any person (other than your "employee" or "volunteer workerj, or any orgMizalion whUe acting as your real estate manager. c. Temporary CuStodians Of Your Property Any per.;on or ol1lanmon hailing proper temporary custody of your property If you die, but only: l1) wtI1 respect to liability alising out of the maintenance or use of that property; and (:ll Until your legal representative has been aPllOlnted. d. t..egal Rep""sentative If You Die Your legal representatiVe If you die, but only with respect to duties as such. That represemative wi. have aft your rights and duties under this insurance. e. Unnamed Subskllary Any subsldiary and subsidiary thereof, of yours which is a legany incoJllOl'lted entitY of which you own a financial interest of more than 50% of the voting stoe!< on the effective date of Ihis coverage Part. TIle insurance afforded herein for any subsidiary nol shown in the Oeclarations as a named insured does not appty 10 Injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an Insured under such policy but for its termination or upon the exhaustion of its "milS of Insurance. 3. Newly Acquired Or Fonned Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ~nanclal interest of more than 50% of the voting stock, will quality as a Named Insured if there is no other similar insurance ave;lable to that organization. However. a. Coverage under this provision is afforded only until the 160th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and - .... "" '" '" ... ~ '" Oil ~ <> (') ,.-j .. 4 = .. ~ ",- - iiii ... "" ;:;;; - ;; - ;;::;;; - "" - . - ... "'" = "'" ~ - - - !II = - E3 = ,...., "'" ... "" ... !!!!l - !5 - - == == - Form 55 00 08 04 05 PAGE 04/06 KOTVLEAVIT "_#:') 'I I ~ . ,\, BUSINESS UABIUTY COVERAGE FORM b. Coverage under this provision does not . apply to: (1) "BodUy injOry" or "property damage" thai occurred; or (21 "Personal and advertising injury" arising oul of an olfense committed befOl" you acqUired or fonned the organi2;slion. 4. Operator Of Mobile Equipment wtI1 respect to "mobile equipment" regiStered in your name under any motor vehicle registrali<ln laW, any person Is an insUred whue driving such equipment along a publiC highway with your pe..lwiDn. Any other person or organization . responsillle for the conduct of .such persOI1 Is alsO an Insured, but only with respect to r..billty erising out of the operation of the equipment and only if no o\hel' insurance of any k.iIld io avaHable to that pelOOn or OIganizalion for thio Iiablrrty. However, no person or organization is an insured with respaclto: a. "Bodny injury" to a co-"employee' of the person driving the equipment; or b. "Property damage" to property owned by. rented to. in the chaI1le of or occupied by you or the employer of any person who is an insured under this provision. 6. Operator of NOIlowned Watercraft \Mtl1 respect to waterore1l you do not own that is leSS than 51 teellong and is not being used to carry persons for a chal'lle, any person is an insured while operating such watercra1l wtth your permiSSiOn Any other person or organization responsible for the conduct of such person is alSO an insured, but only with respect to liability a""iog out of the operation of the watercraft, and only if no other insurance of any kind is availabie 10 that. person or organization for thiS liability. However, no pemon or organization is an Insured with respect to: . a. "Bodily injury" to a co."employee" of the person operating the watercraft; or b. "Property damage" 10 property owned by, rented to, in the charge 01 Of occupied by you or the employer of any person whO is an insured under this provision, 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit Tl]<ljl"t~9!1(1Ii'lor organiZation(s) identified in Paragrsphs a. through f. below are additionel Insureds when you have agreed. in a written ,_or'"c:y Page 11 of 24 :2/~7/~0e6 11:51 520571 %67 KOTVLEAVIT PAGE 05/05 :Si.lSINESS UABILITY COVERAGE FORM contract. WI'iIIen agreement or because of a pennit issued by a state or pofltical . subdivision, that such perSOn or organiZation be added as .n additional insured on your ~oficy. provided tI'Ie in"ry Of damage occurs subsequent 10 tI'Ie execution of the contract or agreement, or tI'Ie issuance of tI'Ie permit. A person or organiZatiOn is an additional InSUred under this provision only for that periOd of time required by the contract, agreemelll or pennit. However, no such person or organiLalion is an additional insured under tI'Iis provision if such pelSOI1 or organiLalion is included as an .,lditional insured by an endorsement isSuM by us and made a part of tI'Iis Coverage Part, indUdinll all persons or organizations added as additional Insureds under the specific additional insured coverage granl!l in Section F. - Optional AddiIionallnsura<l Coverages. a. Vendors Arty peISll11(s) or 04ga1oi<.at1On(S) (reIe!red 10 beIDw as vendor). but only wilh respect 10 "bodily in)lry" Of "Plopert'i damage" arising out of ~r products' WhIclIlIf'Il disUi\lWld Of sold .in 1he regular ~ of 1he veOOol's bUsiI1e5S and only if 1l1iS C01/l!tlIge Part provi:leS coverage b "bodIy il)..ly" or 'p,opert) damage' inducIed wllhin 1he 'produc\s-COf11lleted Ul*aIionS ha%.llId". (1) The insurance afforded to the vendOr is subjeCllO the following additional exclusions: This Insurance does not apply to: (a) "B<xtily injury' or 'property aamage' for which the 'oIendor is obligated to pay damages by reason of tM assumption of Damlny in a contract or agreement. this exclusion dOes IlOl apply to labilay for damages that the vendor woulcl have in Ille abSence of the contract Of agreement; (bl Any eJ(I)I'eSS warranty unauthoriZed by you; (e) Any physical or chemical ohange in the product made intentionally by the vendor. (d) RepaCl<agIng. exuept when unpacKed solely lor the purpose of inspection, demonstration. testing, or the sullSllMlOn of parts u~ instructions from the manufaelurer, anO then repacl<aged in the onginal container; Ie) Any failure to make such inspections, adjustments, tests or serviCing as 111. vendor has agree<! to make or normally undertakes to make in the usual course of bUSiness. in connection with the distMbulion or sale of the products; If) DemonstratiOn, instanation, servicing or repair operations, except such operations performed at the vendo(s premse5 in connection with the sale of the prOOuct; (g) ProdlJcls which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily ;njJt;'" or "property damage" arising out of the sole negligence of t\1e vendor for its own acts or omissions or those of its employeeS or anyone else acting on its behaif. HoweVer. this exclusion :leeS no! apply ro: (i) The exceptioI1s contained i1 subparagraphs (<I) orlfl; or (n) Sud1 inspections. adjlstmenlS, tests or seMdn!l as the vendor has agreed In make or normally undellakeS In make in the usual COUfSll of bUSineSS, in connection ....... the distribution or sale aftheproduClS. (2) This insurance does not apply \0 any insured person or organizallon from ..tlOm you have acquired such products. or any ingre<flent. part or contliner, en1I!<1ng Into, 8WJH ifJlInying or containing such produclS. b. Lessors Of Equipment (1) Any person or organization frOm whom you lease equipment; but only with respect to their liabilly for "bodily injUry", "pmperty damage" or "personal and advertising injulY" caused, in whole Of in part. by your maintenance, operation or use of equipment leased to you by such p~~~n ~r organization. , ,u PORM .;>"i_, /'>'"--'" 7 /" <-,. ..,,~c...,_~i ,\" /\ncj', ">', ?oae 12 of U Fonn 5S GO 08 04 05 12/01r2006 11:51 5205119667 .., "" III ... '" If more than one ~mit of insurance under this poley and any endorsements attacl1ed theretO appHes to any Claim or "suit", ll1e most we will pay under this policy and the endotSeltl!!nts is the single highest limit of liab'-liIy of all coverages applicable to sucl1 claim Qf "sulf'. However, this paragraph does not apply to the Medical Expenses Iimil set forth In Paragraph 3. alloW. The umts of lnsuranOe of this ~ Part apflIy sep8lalely to eatf1 COI1Sl!aIfi\Il! amual period and to any l"ellIlIinQ;I period of _1Ilan 12 moltlhs. slal1ing will the begiMIng of \I1e poicy period shown In the DeClarations, unless the policy period is el(Iended aIer tssuance for an addiIIonal period of leSS 1Ilan 12 rnonlhs. In thIll case, Ille ..ckIIb IaI period wi! be de$med part ofllle Ia9t P,.....lll period for purposes ofu..o..lIliling the I.ltr01S ofinsumnOe- E. UABIUTY AND MEDICAL exPENSES GENERAL CONDIl10NS 1. Bankruptcy Bankruptcy or insoMlncy of the insured or of the Insured's esla1e will not relieve US 01 our obligations under1l1is CovenIge Part. 2. Dutle$ 111 TIle Event Of Oc:c1llTellCe, Offense. Claim at Suil a. Notice Of Occumnce at Offi!nse You 0/' any addi!iollQl ilsured must see 10 a that we are notified as soon as ptilcticable of an "ocanrence" or an offense whicll may resuft in a claim. To the elCIent possible, notice should indude: (1) How, wlteO.aI1Cl whet'e tile "occwrence" or oMlnse 1ll<lIc plaCe; (2) 1l1e names and addresses of any Injured pel'SOns.and wilne5Ses; and (S) ilIe nature and location of any injul)' Or damage arising out of the .occurrenw" or offense. b. Notice Of Claim If a Claim is made or 'suit." is brought against any insured, you or any additional insured must: (1) Immedia1e1y record the speeifics oflhe claim or "sulf' and the dale receiVed; and (2) Notify us as soon as practicable. You or any add.lonal ilsured must see 10 a that we receive a w1itten notice of the claim or "suil" as soon as practicable. c. AsSistance And cooperation ot.i'P" Insured You and any other involved insured must: .... '" .... <> "" .., ... '" ~ ... III !:! is It'l C> .. l;;! - - - "'" = =-..J ".;; = - - - - "~ - - - iiii - ..".l "'" - - == ., .. - !!!!I - ~ - "'" ... = = ~ == = - - = 'i"',,", =- ~ = ---.'-', , Fo..... 5S 00 08 04 05 KDTYLEAVIT ., "t,,/: 'y>' A"!,.~Ln:~,,,l' PAGE 06/06 BUSINESS UABUJTY COVERAGE FORM .~ (1) Immediately send us copies of any demands, notices, summonses or legal papen; received in connection with the Claim or "suU"; (2) Authorize US to Obtain records and other inf<>lTTlation; (3) Cooperate with us in the investigation, seuklmenl of the claim or defense against the "suil"; and (4) Assist us, upon our request, In the enfon:ernent of any light against any person or. organil:ation that may be liable 10 the insured because of injUry or damage to whioh this ilsurance may alSO JlPIlIY. d. Obligations At The lnSureers Own Cost No ins&nd will, elCt:epI: 1111hallnsured's own cost. IIllluntalIly make a pa~ assume any obligation, or IncUr any expenoe, other than 10rirst aid, .wlhOut our consent e. Additional Insured's OCher insUJllllce If we cowr a Claim 0/' "suit" under this Coverage Part that may also be oavered by other inSurance available 10 an additional inSured, such acIditiOnal insured must submit such efaim or "suit" to Ille other insurer forderense and indemniy Howewr. this proyision ~oes not apply 10 the extent that you have agreed in a wrIlIen contract, wrIlIen agreement or permit thai !hi!! insurance is pIImary and non-conllibutOlY with the additional insUred's own insurance. f. Knowledge Of An occurrence, Olfense, Claim Or Suit Paragraphs a. and b. apply to you or to any addltlonal insured only when sUCh .occurrence", offense, Claim or "suit" is known to: (1) You or any additional insured that is an Individual; (2) Any partner, if you or an additional inSured is jl pertnership; (3) Any manager, If you or an additional Insured is a limited liabllily company; (4) Any "executive ofIicer" or inSurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an addttional ',"_, ,~'dQ~~fd is B trust; or .(&)- Any elected or appointed ollicial, if you or an addUlonal insured is a political ~ullclMsion or public entity. ,:j L~()n-,;.S Page 15 of 24 ~lW". CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY) 12/15/2004 PRODUCER (520)571-1900 FAX (520)571-9667 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Koty-leavitt Insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTENO OR 6992 E. Broadway Blvd ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Tucson, AZ 85710-2803 INSURERS AFFORDING COVERAGE NAIC# INSURED Card Metered Systems Inc INSURER A: ACE American Insurance Company DBA: CMS dba INSURER B: 1104 N Anita Ave INSURER c: Tucson, AZ 85705-7518 INSURER D: INSURER E: COVFRA¡;E'" 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 MAV HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER PR...L.~S~ EFFECTIVE POLICY EXPIRATION LIMITS GENERAL. LIABILITY EACH OCCURRENCE $ r- DAMAGE 19r:;~ENTED .,,\ COMMERCIAL GENERAL LIABILITY $ I CLAIMS MADE D OCCUR MED EXP (Anyone person) $ PERSONAL & ADV INJURY $ r- GENERAL AGGREGATE $ r- GEN'l AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPfOP AGG $ h ,n:RO- n, POLICY JECT lOC ~TOMOBILE UABILITY COMBINED SINGLE LIMIT . ANY AUTO (Eaaccident) r- ALL OWNED AUTOS BODILY INJURY r- $ SCHEDULED AUTOS (Per person) f- HIRED AUTOS BODILY INJURY r- . NON-OWNED AUTOS (Per accident) r- f-- PROPERTY DAMAGE $ (Peracddent) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO -/8:3 II 2 OTHER THAN EAACC ' "-- AUTO ONLY: AGG $ , EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 0 OCCUR D CLAIMS MADE AGGREGATE $ $ R ~EDUCTrBLE $ RETENTION $ $ WORKERS COMPENSATION AND I T'X~~T~,Ir¥s I 10J~- EMPLOYERS' LIABILITY ANY PROPRIETORfPARTNERfEXECUTIVE E.L. EACH ACCIDENT $ OFFlr.ERfMEMBER EXCUJDED? E.L. DISEASE - EA EMPLOYE . If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ p~THr. CRl139400 04/28/2004 04/28/2005 $1,000,000 Wrongful Act ro ess;onal Liabil ity A $1,000,000 Aggregate $10,000 Retention l...ESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS attached. certificate holder is named as Additional Insured per form PF8X31c (10/99) This certificate is subject to all policy terms, conditions, exclusions, forms & endorsements City of Santa Ana Attn: Clerk of the City 20 Civic Center Plaza Santa Ana, CA 92702 Counci 1 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 HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ACORD 25 (2001/08) OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. D REPRESENTATIVE @ACORD CORPORATION 1988 . . ~ - ------.---..-.-- -- ____n______n.u- ~--- ---- - ---- - - ---- ---------.--------..---. ADDITIONAL INSURED ENDORSEMENT- NON AFFILIATED ENTITY - --------------------, ----------- ------- ------------------- ~ ~-~~---------~~'--'~--rËñdori;ment Number ----1' -~-- ..H' -- -- ---_! I;.' Effective Date of Endorsement ¡ , i I 4/2~/2!1QL_____! 12/1/04 ' ; . . ----------=-~.:-::-~--~-=-=====:::........-.-- -----_==-=::,::,,:=--"-j I ! --"---------------'--------- ., r IINamea-¡ñiurecr ----m__~~-_~~._--~--_.._~,,_. , Card Metered Systems, Inc. .-.....- --- - --- ! Policy Number Policy Period i~~RL_l~9~0. - _.__._._=c:==_~2!!/2004_=--=~=-c-= i Issued By (Name of Insurance Company) L____~~~_~~eri~~_!~~~~~,=--~~~~~~X._- -- -..-------------------,-.--- ~_...._--_._-- " -----------..----- ,. .--"---- - ---------- -_._._..__.._--~ ~._----------- -- ----------_--'._0',"0...___----- Insert the policy number. The remainder ot the information is to be compteted only when this endorsement is issued subsequent to the preparation of tl1e policy. ------ ---------------. - -------------- ------- - ______n______------ -- "--.---------"--.---------- The following Special Conditions apply to your policy: SECTION 1- DEFINITIONS, has been arnended to include the following: r r Additional Insured means any person or organization: r (1) which is not owned or controlled by any insured; and (2) which does not own or control any insured; and (3) which is not affiliated with any insured through common ownership or control; and (4) in which no director, officer, partner nor principal stockholder is an insured otherwise covered under this policy - ¡ ; i , i as scheduled herein. The coverage afforded to the additional insured applies solely to liability arising out of wrongful act(s) , of insured(s) in their perfonnance of or failure to perfonn professional services on behalf of the Named : Insured. i SCHEDULE OF ADDITIONAL INSUREDS : City of Santa Ana 20 Civic Center Plaza Santa Ana. CA 92702 ~ ¿ /z. Nothing contained herein shall be construed as increasing the limits of liability available to pay any claims(s). , All other terms and conditions of this policy remain unchanged. This end rsement is a part of your Policy and takes effect on the effective date of your policy, unless an er elle iv~date is indicated on this endorsement. PF 8X31c (10/99) _____n--_--__- - . .. . CERTHOLDER COPY STATE P.O. BOX 420807, SAN FRANCISCO, CA 94142-0807 COMPENSATION INSURANCE FU N C CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE, 10-13-2004 GROUP: 000560 POLICY NUMBER: 364-2004 CERTIFICATE ID: 19 CERTIFICATE EXPIRES: 10-01-2005 10-01-2004/10-01-2005 CITY OF SANTA ANA CLERK OF THE CITY COUNCIL 20 CIVIC CENTER PLAZA (M-30) SANTA ANA CA 92704 This is to certify that we have issued a valid Worker's Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 10 days advance written notice to the employer. We will also give you 10 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy 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 to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such policy. ~ ,&~ I' - . ~ AUTHORIZED REPRESENTATIVE PRESIDENT EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS, $1,000,000 PER OCCURRENCE. ,r".---,., ; .. ,-} '. ~I ... 1\ If ,:1 .... => => .= ~.__.. . .--'-' -' ,.- -' ":'1._7, ,:.:A~->j." = C"'> - co » -P. .ç: ...s::: EMPLOYER CARD METER SYSTEMS INC 1104 NORTH ANITA TUCSON AZ 85705 SCIF 10262E [TB,SJ) PRINTED: 10-13-2004 PAGE 1 OF1 Accept this certificate only if you see a faint watermark that reads "OFFICIAL STATE FUND DOCUMENT" 0~/05/2005 15:50 7145714209 MAY-02-20C5 MON 08:35 AM APS AFFILIATES PARKS AND RECREATION FAX NO, 9098857572 PAGE 02 r, Ui u__..._.__'.- ACORP"CERTIFICATE OF LIABILITY INSURANCE l .~~;:izO~~' .AODUd."C.5lii)5fi: 1900 F"'" (.20).7I='9667 THIS ceFtTIFle"'TE IS l~$UED AS" M"'TTl'R Of 1l\~ORM"TION Koty-I.j;:l.vi t~ insur.n," All"ncy, Inc. OOlL Y AND CONF~1l.S NO RIGHTS UPClII TIl~ C~RlIFIC"U, HOLrli!R. THill CERTIFICATE DD~g NOT AMEND, e. r~NP OR ~99.1 E. I\ro.d...y Plvd "'Lr!".!..THeCO'yW~~,DEDI!'{_:nit:POI.!"'ES6fi~OW. In.oon, AZ 3571Q-28D) iin,~ffitiirdMf;t~l"ila~ Sys.1;t," 1I1C ..---.--~----~~_.... OIlA.. 0.\$ db.. 110+ N Anlt. Ava Tacoon, Al 8570,-7518 . \ .~~~"f30- IN$URf..1l1l AFFORDING CO'/I!RAI)~ ~,~".~t.- 'Amer1"oln' 'tn5uri~C'6 COllp-anJ__ 1~,"lnrnl!l' NAle' ---- .-..---.-....---.----- ----'-',-- INiilJRtI1C, IN~~""---- ~._- ...-.-- i;;S\','ii.iii---..-.v------..'..-... '-'''''-' ----. ,.-- .,----' ~l;S-,~-.-- ~ .. \1<l' pOl.lCIC.' 01' ItI"ul~AN~~ CIOUO ....OW KAV.MFN ISsue" fa TIle IN~un~o NAM"OADOVE ""~ TfI' POU"" PER'OO 1N~leATF.p. NI:HWITIISTANDING ',N'1lI nUI,,<,,'.f, li;n."m CONl~~ION QF ANV CONn""" (II' Q.~'''\ OOCUMr.NT WITH Ri~""cno INtiIC\! ,HI. e~RTIFCAn MAV BE '"SU.~ O~ MAY I'ollf.\l"', "'" ..,""","",0' ArrQROOD ev "," pOllOIES a..C~IDm"'."r.'N 1\ ~lJllJ~Cno"" 'fIiE '"""", OXClUSION3."" CQNrll[IONS O' StICH pmIC1I:S.AOOKI:OATi ..'MIlS $MOWN MAY HAVF-l:!EEN REDUCED a'l' MWC1 AIM). i~F'? '.-"'7.;;';;;:;;;;:~< ".- ....-..., ----.. "''''".......,. 'JOy;:;;""".' ,--.--...----.-- ,I> ___ ..___.__.__~--- I'O"~~__ CO"" "",,<AI, "IN""" 'AOH CCCIJ"...~ec , .1"""'" ,"'IJ\l.'-"NLI1~,I,^,IIIJIY rJ.."1;m'~~."",. ~-~- --.I "...".w,,"" lJ =,. "CO O,"<M,'''''''''''' · f'tl\sOr-IAL i ~~u;.y- . _~__ ~__~ .._.,,---- Go.:t:AAL A.cnr~~ ..--------~. 01 ttl.o;.,i.~;;;:i"ll;;;:r;;r""'.;.i. -'"o"ii.:co.....~. · ::J '...oN.'''. r"L .~. . ~lll~:..-,_~~kL.L_ l.E= ----".. -----' ----- A~'."C.' ""'.."'1'.... eOlAll,Nm ".ee< lll'" A!'1'f>I"a I" ...'''''1 0-- ~_._.~..-- .- ,oJ.~ l'WtjC.~l Joll10S; l;:(',llI.plllt:O/,IIi<;l,~ HIf<mM,l!J., 'II~HJ.OV,'N~O AIJlQ:'1 flOOil.....INJlJnV U"l'fP~""1 . .. --.-.....-....-- --...----- E10M'IJf~URV (I'$rll~~'lm) ..--~.._.. ...--"--"-' f'M;I~FUV CM\I\Ct: 1"l"rtla:~'1nl} . ..--...,.--..---.... .- ",. -..,--.. ._-~..----. GAJ~"'lj,l., I.1AU\LJTT \ NiY f1lJIO - - .----...----- ,',tc r~~JlllII.g,r'I~~ '""" \.1....1'.' V .. J ~\c.ct,*' [1 Clfll!l\li ..1,..61 "..' J;ZO V riD 5 TO F M !Jlloa~~~~;e~l~ I:AACC l ~.--......---- ---- ~'rlII!"n\,AN. p."TCQNI.V. ---- ^Q'iI L--,-----, ~,,2!:!.~~!~~~_.- .!......--~._,-'". ..----.- I . . . ,'''--"'''' ..--....- h~.dy Y A tlorney ^\j~FU!C::A'1! -.-.-...- ...,-.-~ -.- \\'Ir.DLK,TUJlJi .." .l!!!.~.1!:1Ii_1'!.-...---- YtI,1f'ttt!.w.iI COI<lLll.N,,.nONAHIlo ,UP(..D'fK1' UI\fII~I1' N~Y ?1u)I'BIl1ral~I'r"A'/"UI,lIjl'.Ccut~ QrileN<Ut.,~Hll~ C).f;'I\liXm lIy,,"-.4a!.UIIII(!"''':1lt1 . ~!"..\~~~!~~~!2m,~~----~-- l~'t"ssiM:\l ~i~bHit~ ^~~~ l .~.. D!l:ll:'4.I"JI{JN oil or~~M~J ~QCA'IlON5/'IttllC."U'Ii~eN!i ApDfl,p ISr ~~Citlf la~'CLM...kO't'l5IQMi1I ert11'1tat& f'l_lldQr is na,NIfllli as Additional In~ured, .!NllrR-PIlOF o472iizoo~ 04/11/2006 "'" ,.,.;...-;;r.-r.]orl1- ]llliUIM.l".ll- ,!:H t:;~CH~~~'~"'~" ____ ~- "'--~--'_.- !t:,...OI!t"A,5~.'fAF"'IJ\CMr Ii _r----...'or----. ~.----" P,L.OI51rASIi."lJlll;YLlpM1' I $1,000,000 Wrongful Act $l,OOO,QOO A9Qregata $10,000 R.ten\lon , ,------ ~it~ of Santa Ana Mtn, (larl. of tile City Council Zo C;v,c Centar I'l,~a Santa ^"a. CA gZ70Z tOt'nl5o, condH,itlnJ, e)(C'U~iI)115. foMft,'i II I!ndors.&IMI="t~ C~Nr;F.LL.ATION !l1'lOULl:r Po,," ~ T\il1. AOOOJIl DC5CRTIii~ ,.o....,rJU at: eANcn.Le,C BEI'~PJi TII" l'.tflIRAllOllDAYi natRfOF, 1I'tlS.SUlNG lNlSUl:Ol.W1..1.. CNP[A..~ TO Wl.1L _ ,?__ OAY:! WlUiTIiN !o\CInc:' TOllICt CU'l.l1tICflon: ItOLDIII WdI.I:Q TO Tlil:: ,-c.:~~f. fltlT F~IL.("I.<< fO """'I. lur;H ~OTIe;Ji :!;.~l,ALl- 11olPOS& IUO tl'/il..III"'nQ~ OR t.ltLJlP-lTY rn; tLMYKIN~ Uf'0J'I ,~( INSIJR.'-lt.,IT5 "GCN'tIIi'~Mllrl:iSEN"A'IVf':;, -...------...----- --...-------.--'----".-.....- "'lJl'ltO~I7.I[) Jt~Pfll=ii::IfT...;W(;: h;S c"r\iflc'l. is SQb:l"~\ 10 B11 policy IEwll1Ji !ImoDf.!L---- -...-- lMCORD C::ORPOflA.TION n.. ._~ ACORD 10 (2001/001 ...'~"....,_. .,.. ..." . ...:.,...".._ ... __.._' _. ____ __.,. __..._.--,,-..-... ~.._. "..",--","'.w","'LC,. ,.""",,,,..,., .--~...,-----~ PRODUCER (S20)571-1900 Koty-Leavitt Insurance 6992 E. Broadway Blvd Tucson, AZ 8S710-2803 FAX (S20)S71-9667 Agency, Inc. DATE (MMIDDIYYYY) 07/01/200S THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. I -. AmBLt CERTIFICATE OF LIABILITY INSURANCE INSURED Card Metered Systems Inc DBA: CMS dba 1104 N Anita Ave Tucson, A2 8S70S-7S18 t.J - J.1J05 -OtJ I INSURERS AFFORDING COVERAGE INSURER A- Hartford Casualty Insurance INSURER B: INSURER c: INSURER 0: INSURER E: Co NAIC# 29424 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO 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. INSR DO' TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY I CLAIMS MADE 0 OCCUR POLICY NUMBER POLICY EFFECTIVE P2~lCY EXPIRATION UMfTS 07/01/2006 EACH OCCURRENCE , 1,000,00C DAMAGE TO RENTED , 300 ,OO[ MED EXP (Anyone person) , 10,000 PERSONAL & ADV INJURY , 1,000,000 GENERAL AGGREGATE , 2,000,000 PRODUCTS. COMP/OP AGG , 2,000,000 S9SBABX2462 07/01/200S A - - GEN'L AGGREGATE LIMIT APPLIES PER: ---, nPRO- n I POLICY JECT LOC AUTOMOBIL.E LIABILITY ~ X ANY AUTO -'-'-- ALL OWNED AUTOS - SCHEDULED AUTOS - HIRED AUTOS S9UECTM74330 07/01/200S . 07/01/2006 COMBINED SINGLE LIMIT (Eaaccident) , 1,000,000 BODILY INJURY {Per person) , A - f-- f-- NON-OWNED AUTOS BODILY INJURY (Peracddent) , PROPERTY DAMAGE (Per accident) , EXCESS/UMBRELLA LIABILITY ~ OCCUR D CLAIMS MADE I DEDUCTIBLE I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, desClibe under SPECIAL PROVISIONS below OTHER EACH OCCURRENCE AGGREGATE , EA ACC $ , , , , , , AGG ~~GE UABIUTY I ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONL yo .., '" "1'1'RO'!" ,> -f} f o_.~~. ----r...-y. j" ." ---/'-' ;-\'''''''\ ~,t.) l,-),-,l" t..S . -- - I.we STATU- IOJb'- E.L. EACH ACCIDENT $ E.L DISEASE. EA EMPLOYEE $ E.L DISEASE - POLICY LIMIT $ , ' DESCRIPTION OF OPERATIONS J LOCATIONS J VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS e: Copy Machines at Santa Ana Public Library he City of Santa Ana its officers, employees, agents and volunteers are named as Additional Insured or General Liability. Statutory non-payment his certificate is subject to all policy terms, conditions, exclusions, forms & endorsements U^,neD , 'Tlml SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~. Jeanne Glessner/JG ~ WL. "L' @ACORDCORPORATION 1988 City of Santa Ana Clerk of the City Council 20 Civic Center Plaza eM-30) Santa Ana, CA 92704 ACORD 25 (2001/08) CERTHO~OER COPY S.J STATE COMPENSATION INSURANCE FUND P.O, BOX 420807, SAN FRANCISCQ,CA 94142-0807 CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-01-2005 GROUP: 000560 POLICY NUMBER: 0000371-2005 CERTIFICATE ID: 20 CERTIFICATE EXPIRES: 10-01-2006 10-01-2005/10-01-2006 CITY OF SANTA ANA CLERK OF THE CITY COUNCIL 20 CIVIC CENTER PLAZA (M-30) SANTA ANA CA 92704 S.J This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy 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 to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms. exclusions, and conditions. of such policy. ~ ~~c. ~ AUTHORIZED REPRESENTATIVE EMPLOYER'S LIABI~ITY LIMIT INCLUDING DEFENSE COSTS: PRESIDENT $1,000,000 PER OCCURRENCE. ENDORSEMENT #2085 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS PD~ICY. EMPLOYER CARD METER SYSTEMS INC DBA: C M S INC S.J 1104 N ANITA AVE TUCSON AZ 85705 M0408 PRINTED 09-17-2005 (AEV.2.051 CERTHQLDER COPY Su STATE COMPENSATION INSURANCE FUND P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807 CERTIFiCATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-01-2007 GROUP: 000560 POLICY NUMBER: 0000371 -2007 CERTIFICATE 10: 20 CERTIFICATE EXPIRES: 10-01-2008 10-01-2007/10-01-2008 CITY OF SANTA ANA CLE~ OF THE CITY COUNCIL 20 CIVIC CENTER PLAZA (M-30) SANT A N4A CA 127~ S,", This IS to certlfv thllt we hllve Issued a valid Workers' Compensation Insurance policy In a form approved by the ClIl,fornl. Insurllnce CommiSSioner to the employer named below for the policy period indicated. ThiS poilCV IS not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We Woll .Iso give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of Insurance is not an Insurance policy and does not amend. extend or alter the coverage afforded by the poliEy 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 to which it may pertain. the insurance afforded by the policy described herein IS subject to all the terms. exclusions. and conditions. of such policy. ~ ~(~~-~ ~THORIZEO REPRESENT A TI EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: PRESIDENT $1,000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. EMPLOYER CARD METER SYSTEMS INC DBA: C M S INC S.J 1104 N ANITA AVE TUCSON AZ 85705 M0408 PRINTED 09-17-2007 (REV.2-05) CERTHOLDER COpy S.J STATE COMPENSATION INSUFlANCE FUND P.o. BOX 420807, SAN FRANCISCO,CA 94142-0807 A. ;;)UL'i-f -,;)!;;L CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE: 10-01-2008 GROUP: 000560 POLICY NUMBER; 0000371-2008 CERTIFICATE 10: 20 CERTIFICATE EXPIRES: 10-01-2009 10-01-2008/10-01-2009 CITY OF SANTA ANA CLERK OF THE CITY COUNCIL 20 CIVIC CENTER PLAZA (M-30) SANTA ANA CA 92704 S.J This is to certify that We have issued a valid Workers' Compensation insurance pOlicy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated. This policy is not subject to cancellation by the Fund except upon 30 days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy 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 to which it may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions. of such policy. d::REPRESENTATI EMPLOYER'S LIABILITY LIMIT ~~ PRESIDENT INCLUDING DEFENSE COSTS: $1.000,000 PER OCCURRENCE. ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10-01-2005 IS ATTACHED TO AND FORMS A PART OF THIS POLICY. - - - EMPLOYER CARD METER SYSTEMS INC DBA: C M S INC S.J PO BOX 8344 TUCSON AZ 85738 (REV.2-0S) PRINTED 09-17-2008 M0408