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Torres Maintenance Co. 1
Ja AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in eff SEp 17 Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647-52Q??Y k) have OW ANA questions. CLE?s. 'f-'U .sCiL ------------------------------------------------ `.? The agreement with J ( wcs f ?G?.NL itn?t o _ , No. Al-0;2,00.3-.>-/-z -.e>02 was completed on and final payment has been made. Department: ?b Signature: VA4-1,(' A Fk-jx o 01 V - Date: + ) VI t N-2003-042 N-2003-042-01 N-2003-042-02 City of Santa Ana Revised 8-7-03 Clerk of the Council INSURANCE ON FILE WORK MAY PROCEED N-2003-042 0 Ni'l~?¢7~z~c E EXPIRES CLERK OF COUNCIL CONSULTANT AGREEMENT P^Tg: THIS AGREEMENT, made and entered into this org~/h- day of /~9£, / ,2003 by and between Torres Maintenance Co., a California corporation (hermnafter ~onsultant ), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of removing lead from and cleaning shooting ranges. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement, shall not exceed $4,500.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2003, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Chief of Police and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit 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. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 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: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by mason 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, 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 nondisclosum 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, ~vhich 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: Chief of Police City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 245-8007 and, City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Torres Maintenance Company 29124 Highplains Court Castiac, California 91384 Attn: James C. Torres 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 ora 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 ~vritten consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant 5 compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, ~vaivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attomey'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. Clerk of the Council City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney Laura Sh-eedy - / Assistant City Attorney ~/ RECOMMENDED FOR APPROVAL: PAUL M. WALTERS Chief of Police Tax ID# TORRES K:\WPDOCS\D003\P001\00007355.DOC EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is aftbrded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to , this endorsement form as a part of Named Insured Countersigned by Authorized Representative 8 , ~ainfenaflce I:o. Jml~mT 27. 2003 00 Ci~ Co~ ?bza Sarua ~ Ca, 92702 Hen: ~ the imposed ac. ope of work to be compteud Ilmgh. M l)oliln Ami Z~m l f ~;eptd~ pt~ s~i m~l n.-14~m o~ (I) Cupj,. I DATE (MM/DD/YY) ACOR_D.. CERTIFICATE OF LIABILITY INSURANCE 04/15/2003 PRODUCER Lucas Insurance 23556 Lyons Ave Santa Clarita, CA 91321 P:661-255-6980 F:661-255-0284 29124 Highplains Ct. Castaic CA 91384- COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO R~GHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA: ENVIRONMENTAL & CASUALTY INS. CO INSURER B: PROGRESSIVE INSURANCE INSURER C: INSURER D: INSURER 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 OESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I POMCY EFFECllVE POMCY EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER, DATE tMM/DDfYYI DATE IMMIDDfCYt LIMITS GENERAL LIABIM'I'Y EACH OCCURRENCE 1 t 000; 000 COMMERCIAL GENERAL LIASILITY 1195EG000296 01/07/2003 01/07/2004 _FIREDAMAGE(Anyonefim) 50,000 A -~ ~ CLA~lS~E ~ OCCUR MSOE×P(An¥~r~rs~) 1,000 ~ GE NERAL AGGREGATE 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/DP AGG 1 ~ 000 ~ 000 UFEoL,DY LOC ADTOMO~tLE LIABILITY COMBINED SINGLE LIMIT B L_J ALL OWNED AUTOS 01883120-0 04/03/2003 10/03/2003 BODILY IN~RY 50,000 ~ SCHEDULED AUTOS (Per pemon) ~ HIRED AUTOS BODILY INJURY 100,000 ~ NON OWNED AUTOS (Per accident) ~ DEDUCT,BL~ I~' $ WORKERSCOMPENSATIONAND --~ TORY' MTS U ER CERTIFICATE HOLDER I[]1 ADDITIONAL INSURED; INSURER LETFER: A CANCELLATION CLERK OF THE CITY COUNCIL CITY OF SANTA ANA 20 CIVIC CENTER PLAZA (M-30) PO BOX 1988 SANTA ANA CA 92702-1988 ACORD 25-S (7/97) SHOULD ANY OF THE ABOVE DESCRIBED POLiCiES BE CANCELLED BEFORE THE EXPIRATION DATE '~IEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAJL 030 DAYS WRJTrEN OTIC E CERTIFICATE HOLDER NAMED TO THE LEFT~ BUT FAILURE TO DO BO SHALL IR BLIGA~ON OR LIABILITY OF ANY KIND UPON T , ITS AGENTS OR ©ACORD CORPORATION 1988 EXHIBIT B ADDITIONAL INSURED [~NDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY [nsurance Company ENVIRONMENTAL g CA.q[IALT¥ TN.q CO This endorsement modifies such insurance as is afforded by the provisions of Policy #1195EC~00n~Q~ relating to the following: 1. Thc City of Santa Ana, 20 Civic Center Plaza, Santa Aha, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability mid defense of suits arising from the operations and uses perlbrmcd 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 primar~ and is not additional to or contributing with any other insurance carded by or for the benefit or 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 sh.all not affect any right which such person or organization would have as a claimant if not so inehided. 4. With respect to the additional insurcds, 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 Ann, 20 Civic Center Plaza, Santa Ann, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to April 2, 2003 ,thisendo~ement~rmasapa~of 1195EG000296 TORRES MAINTENANCE Countersigne~y ed~ ed riz~ Repr (~6ht~ e~)-- ACORD,. CERTIFICATE OF LIABILITY INSURANCE ~ROD'UCER Jackson ~nsurance Services 23449 Ventura Blvd Encino, CA 91316 818-786-0010 04/15/2003 THIS cERTIFICATE IS ISSUED AS A MAI D-~ OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE PDMC[ES BELOW, INSURERS AFFORDING COVERAGE 29124 Highplains Ct. iNSURERC: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR POLICY EFFEC~VE POLICY EXPIRA~ON ' ~'-~1 CLAIMS MADE ~] OCCUR MEO E×P(Anyo,eperson) $ ~ OCCUR ~ CLAIMS MADE EACH OCCURRENCE A SF1456-1778 11-02-2002 11-02-2003 E.L. EACHACCIDENT $ 1,000,000 DESCRIPTION OF OPERA3]ONS/LOCATION$/VEHICLES/EXCLUSION$ ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER I~IADOITIONALINSURED;INSURERLE'I'rER: A ' CANCELLATION CLEF. K OF THE CTT¥ CO~1'CT'~ SHOULDANYOF~EABOVEDESCRIBEDPOMClESBECANCELLEDBEFORETHE~Xpt~TiDN ACORO 25-S @ACORD CORPORATION 1988 Sen~ av:~LUCAS INSURANCE; 6612550284; Aug-12-04 9:17; Page 2/3 ACDBD. _éIJI (6611 255-6980 Lu-. In8u:can_. 23556 Lyons Ave Santa C1a"ita -- Tor:r:e8 )Jaj,ntmumo& 29124 Highplaina Ct. CA 91321- N~ J.V03 ~D4d- ¡J- ~O3 -D</;)..-O I rJ- Q<.D03 - ~-O.')- UIUIRS AFFORDING COVERAGE "-.kBu:r1' Iheurano8 O. IN8UREß ,: &' .ai Ye In8U:éAnQei ~c: ' CailQ.io CA 91384- HAIC . È' nœ POI.ICIES OF IHSUlWlCE LISTED BELow HAIlE BEEN Issœa TO THE iNsuRED 1WotIiD. ABOvE FÒR THE POUCY PERIOD I :reo. NOtWmIst. R__NT. - olfCONOmoN OF AHY CONTRACT OR OTIIERDOCUIoIENT WITH RESPl:CT TO WHICH 1J1IS i:EJmFICATE Y III! ISSUED OR MoI\Y 1KE IHSUIWICE AFfoRj)Eo BY THE POLICIES oesCRIIED HEREIM IS SUBJECT TO ~L nœ -, EXCL\ISIONS AND C9N01TIONS OF SUCH AGGREGATE LIM11'8 SHOWN UIIY WlIf ¡ BEEN REDUCED BY PAlO ClAJMS. . : -T'II'IICII'~ --. ~ A GIIIEiw. wøu;v . X '__LiA8tUTY . X CLAlMS~ Doc<:UR 1&011000.1. 02/13/2004 . X 1000 D£tJilc'ftIIUI It't . / / / / GAT!! . HC eKOuL.D ANY of' 'nfI!! A80YE D~ 1I"OUCE8 81' ........--. - IiIFotœ ~':n=":=:lE=~~""'_-:'::r. - : I FAIL'" '" OOIOIIItALI. - NO_1ION~UA8ILm CF__- . ~_MA : TA1Wa B I / I / LDC AUTOIIIOM.E UMìI.rn' NJY AUTO . a&..OWNEo~a X SC!1EDlJLEDAurOS _AUTDS ~AAOS 01883120-0 04/03/2004 / / I / / / ~UAllUTY OCCUR 0 CLAIMS MADE / / DEDUCTIIL.E / / ---- --UAIIUI\' Nf'(P'8IOPftIE.I~~ ~W"ExCl.UÞeD? .,~ I.II8ctt:aeU'Ôlr : -- 0- / / / / / I / / / / D8ICNP1ION QIi OP!M'nONKocA'llcNarJP I,.ua UBIOH8 ADDED.., tNDansfMIN'ÐIrE;w. 'IU)V~' ::&R11FICA ( HOLDER Ci~ of Saäta Ana Police 60 Civio C8ntar Plaza P.O ao.. 19 U lantll. Ana CORD2S (30011118' t_" -(01001," Depa;¡;t84mt CA 92702- ELECl'ROMl': LASI!R JõOAU,;; ~ - IIn"".'77.- I / / I / / EIOÐILY INJURY i (Pr~' : / / PooPEJmO. (,.~ I / AU'J'O ON..Y. OTHEA THAN ! .wro ONlY: I / ACCIDENT " MACe . . / / : AGGREGATI I I I / / / I / / / / I / . 1.00 000 S 000 000 1,00 000 1.00 000 1,00 000 . . . . 2S 00 . . . . Sen; ~y,.LUCAS INSURANCE; 6612550284; (2. AUthorize us toolmlin record..nd tither infømmion; . . 3 CDÒp81'11t8with vs In. the. invelitÎgetionor s~_tofthecl.lm or defen.eegainst ~... "suit"; and 141 As.ist uSiUPl!nourl1Nl~åt.il't the>en- fomment of Iny riVht8 8instanvþilr.on or j)tg8fIIZltlon whicfimlY be. liable to the insured beceuse of injury ordamagé te wÞlch thi, insural'rOe mey al,oapply. . d. Nil inltwedwíll, exeeøt at that inÌlured'lHJwn cost, VØfunterily makll payment. .8S.un,.eny oblig.t~. or incurlnye~.., other then for first aid. without. Gur cen.ent, 3. LegtIIAedcIn A981na1 Ue No person or organization h.. a right undlr this Covel'llg8 Plrt: e. To join.vs asa party or otherwísabrino utin- to a "suil" .sking for demlgufrôm 8n in- sured; or . b. To 8ue.UI on thi. Câverage '"-rt unle.. all of It. terms have been fuRy compl\eå with;. ," ... À "rsonClrorgeniWionmev IUS ust°hleover on.n IgrØd sllttllllnent or on efinal judgm8ll1 . agai/ stan¡insured; but- Will notbelieble for d8lliegutfiaure notpay8b1a tlnd.,the~. of thi. Cove... Pert or thate,.. inlxc...ofthal!l- pÜcable tlmkof ln8urancl. An8f r'8d~t IMen$ .~t8nQr"""ofli8bifltV!Ìlgnêd by UI, the .jfW:¡red end the c'eimant or the Claim- Int" legelhlpresentetive, 4.. Othar~e . If other . valid and .co~in.uranc8. ¡.alidllble to the inJured fora I".. w. cover under COver. e988 A or . ofthil Coverage Part . our obli 8tiöns are limited.s follow.; e. Pltmary(lna- This ineul'8nc:e is .primary except whenb.be. low8p¡.\ilies. If ~inMlranc:ei.primarv, our obligations.,.notafféct8dunlesa.ny.ofthe other í~Uranc8 isatso.primetV. Than,w6will ah.r8'!With ell tbilt otherinaurance by the \,'ÎI method(delcrfbed in c. below. b..E- .ln8urance <~!\ This instranceissxce.. OV8r: m Any of the other ineurance,Whether.pri. .. m8tV..,.'.... .8xe"I, contin941..n.t.. O..ron...I....". vo. th..II. r bas.: . ,.. ." . lei !Thet .isFi,e, EXtendèdCovGl'llge. ~\~. .. .$,.,. ùilder'sRlak.lnstaHltíonRisk.c;rliim¡. . ~ ler coverage for 'your work"; Aug-12-04 9:17; Page 3/3 (bl.That is. 1'"11'8 .m.. U.~.'.. cefor......pr.êmlMs...'.... rented II:> vouor. . pQrlrilVøccupiìld by you with pennis' of the owner: lei Thàt islnsurlincep. wchaMdhyvouto cover vourl'~' .....1 ..temontfor 'properly dllmage" 0 Þrtmiee.,..nted .. to you ÒI' temporiIrÏ V occupied by you with ~i..ion of '\1180.wner; or. Idt.1f tlM! lQ8s 8r11.. ioutonhe .m8in- ten.lnce',. or Ule Of=. '. crlft.. ...."aU.tos"or wstercraft to the... nt nOt8ubj~ to Ewclusion g. ofSe on I- CoveregeA . Bodily Injury And! Property Damage UaÞility. ¡ t21 My other primarv ineJ..encaev8ilabltt to . you covering liability ,q, d8Ii'I/I98!S8tising ::IC:' y~~.t!:",=~~sé:~ lional insured by ettaclhment oferì en- ~-,' t. ... Wh6ìtthiainlwlanceÎII.-d...weWi/lheve . nödutY Qnder CoV8rBgtlsAlorBtod41fi!rld.the Inli\ll'8dll( 8fntt .rw"'Uit"~.~,;,ôthiï'iMurer haS I duty to defend the' .. d'e~thet "suit". Hnoothe'lnlurer . .'itlde.-iiWlf¡m- . cHirtëketo do ID.butwe ,.. ,'*eriittlldto :.~;.I$U.';~::e:::i:.~". ..'., ~lt:.::.........~....,tbeI'.....::..... !M'iInce. '1118 whlþlV .onlyO\.lrehlnrof the amount of the IbiS, if 8ny;thatexCl8dsthe sum of: ¡ . (11 ThetOt81anw¡untthe'U 8Uêlrøttïêrin.ur- erlCe.would, pay for .. lossintheeb- HflC80f thi. Insursncø;nd . . (21 The . total of !lit deducti . andsalf'in8lired amDUmaunder ell that r intu.ran.ce. WawlH sher. the l'8I118inin~losi,lf~y. with any.. other insur.ncethatil ' not. dlllcribed In thi8Exc8ssln~'anceþtovi~íon8nc1wasnot bilught apecifì~y to appJo,;il!e_s of. .the 1Jt1'IiU.. oflneurelîce shownm the Oeclal'8tior1s of this Coverage: Part. ¡ c.Method Of Sherlng : If.I".of the .Oth~.tin8ur.l!ca ...pern\itaCØfttribu- tiQrl byequsl8heMS. we wilfø"ow. thiS mlth- od ålso>Under, tit/I .8þ~clf.øo jÎl'ltur., ëOl'ltributè8eqUa! emÞùnts. Uotilitlfa'9p.id its :.sPØIi.CebleUmit P" '..inl. uranc:jt.,.... orllCil'lèo.f the lòilaFemaine, whÎchøve, oon¡eefim. '.comribu.f......II't.y........o:w,.. t.h.:;~,..:w.. i"~ur.......~.r.. ....Ii.~II8.... we.. S. n.<:iIJ. P.".con.. In. ~ .tribûte by .ßmits., Under ~hi:rmethòd.~h .in- .u. fØr'..lihlr. iS~. ledonth..,...retioofita..8PØIi- cebhtUmlt of inllUritnçe.totllie'to1Jíl.apþlinble limit, of insurenoe of eIllnslJ¥øtS, ; I. . :