HomeMy WebLinkAboutMASK SYSTEMS , INC. 1 - 2001
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THIS AGREEMENT, made and entered into this 1 ~ day of m 4RcJl ,2002 by
and between MASK 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").
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A-2001-260
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CONSULTANT AGREEMENT
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
electronic security systems, to provide emergency and preventive maintenance for the
jail security system.
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 City's Request for Proposals,
Consultant's Proposal and the Additional Duties listed in Attachment I to this Agreement,
collectively incorporated by this reference as Exhibit A.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as total payment for its services,
the rates and charges identified in Consultant's Cost Summary Form, attached as Exhibit A-I to
this Agreement. The total sum to be expended for security system maintenance costs shall not
exceed $167,500.00 during the first year of this Agreement. Payment shall be made in twelve
(12) equal monthly installments, subject to City accounting procedures. Said security system
maintenance costs shall not exceed $176,950.00 during the second year of this Agreement,
payable in twelve (12) equal payments, subject to City accounting procedures. The total sum to
be expended shall not exceed $186,980.00 during the third year of this Agreement, payable in
twelve (12) monthly installments, subject to City accounting procedures.
b. Payment for part replacement and modifications shall not exceed $200,000.00
annually during the three (3) year term of this Agreement. Payment by City shall be made upon
completion of the project or as agreed upon by the parties, subject to City accounting procedures.
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All part replacement and modifications shall be pre-approved, in writing, by City. 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
The term of this Agreement shall be three (3) years. This Agreement shall commence on
January 1, 2002 and terminate on December 31, 2004, unless terminated earlier in accordance
with Section 12, below. The term of this Agreement may be extended for two additional twelve
(12) month terms, 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 ofthis 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. Comrnercial 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. Vendor's Protective Liability and Property Damage Insurance. Consultant shall
maintain vendor's protective liability and property damage insurance in the amount of
$1,000,000.00.
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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 proofthat 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 ofthe terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
ofthis 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
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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 ofthis Agreement,
and further agrees to exercise the same degree of care it uses to protect its own information of
like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault ofthe 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 oflaw; or (e) is independently developed by the Consultant without
reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services specified under
this Agreement.
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other
telegraphic communication in the manner provided in this Section, to the following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Chief of Police
City of Santa Ana
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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:
MASK Systems, Inc.
11959 Discovery Court
Moorpark, California 93021
Attn: Ahmad Ibrahim
A party may change its address by giving notice in writing to the other party. Thereafter,
any notice, tender, demand, delivery, or other communication shall be addressed and transmitted
to the new address. If sent by mail, any notice, tender, demand, delivery, or other
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage prepaid, and
addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or
other communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile machine,
addressed as set forth above. For purposes of calculating these time frames, weekends, federal,
state, County or City holidays shall be excluded.
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between the terms of this Agreement and any attachments hereto, the
terms of this Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
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11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property ofthe 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.
c. Upon termination City may contract with any person to perform the duties of
Consultant, notwithstanding any clause ofthis Agreement to the contrary.
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 ofthe 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
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Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indenmifY 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 ofthis Agreement.
c. City agrees not to hire or attempt to hire, as a City employee, any employee of
Consultant during the term of this Agreement, and for a period of twelve (12) months from the date
of termination of this Agreement. City shall not hire, as a City employee, any former employee of
Consultant within eighteen (18) months of that employee's separation of service from Consultant.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
ATTEST:
CITY OF SANTA ANA
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PATRICIA E. HEAL
Clerk ofthe Council
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City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
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Byi:L .U"-19 W,y A..
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CONSULTANT
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PAULM. WALTERS
Chief of Police
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" AHMAD ffiRAHIM
General Manager
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Employer ID # or Individual SS #
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ATTACHMENT 1
I. CONSULTANT'S ADDITIONAL RESPONSIBILITIES
A. Consultant shall provide a monthly summary of "Critical and Routine Trouble
Reports", outlining the status of identified critical or routine repairs! maintenance
Issues.
B. Consultant shall provide a quarterly report containing a summary of the
completed preventative maintenance schedule.
2. CITY'S ADDITIONAL RESPONSIBILITIES
A. City shall provide adequate storage space for spare parts, adequate work space,
sufficient heat, lighting, ventilation, and electrical supply outlets for the use of
Consultant's Field Engineers.
B. City shall not allow any person or entity other than Consultant or Consultant's
authorized service representative, to perform any maintenance or attempt any
repair to or on any covered equipment during the term ofthis Agreement.
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EXHIBIT B
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company
This endorsement modifies such insurance as is afforded by the provisions of Policy
# relating to the following:
1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds") with regard to liability and defense of suits arising from the operations
and uses performed by or on behalf ofthe named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf ofthe 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
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MAR,-14'02(THUI1I:03
ANDREINI ~ COMPANY
TEL:310 260 "166
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ACORD. I OAlI! (-..011"I)
CERTIFICATE OF LIABILITY INSURANCE Il2I22i2IIa2
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And..lnl Ii Co l.IconoeI D2IIIll25 ONl.Y AND CONFERS NO RIGIfTS UPON TIlE CEII1IFICATE
11400 Olylllplc Blvd, lite 400 HOLOER. TIllS C~F1CA1E OOES NOT _0, EXTEND OR
ALTER TIlE COVERAQE AFFORDED BY TIlE POUClES BELOW.
Loa A..-, CA 90054
31G-444-7722 FAX 310.4441839 INSUREIIS AFFORDING COVERAGE
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COVERAGES
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ANY ReDUIAEMeNT, TeRM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMi:NT WITH AESF'eCT To wHICH 'tHIS CERTIACATE MAY BE ISSUED OR
MAY PEFlTAIN, THE INSURANCE AfFOODED BY lHE POUClES DESc..aEO HEREIN IS SUBJECT TO All lHE T1'AMS, fJ(CLUSIONS ANO CONDITlONS OF SUCH
I=POUCI~ AGGREGATE UMITS SHOWN MAY HAVE eEEN AEOUCEO BY PAlO ClAIMS, ,", 1Wc"f~
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opply In ..... I< non can_ willi .... psovtded by 11I10 policy. Michael Viglioua
Deputy City Atlorney
CERnFICATE HOLDER Ixl..,.........._:__~: CANCELLA'I10N
ItiOULD ANY OF 'tHE A80YE -...m POI.IC&S III: c.uCILUD IIIiRJRE. n-= fDlI'A1IDN
aAW: 1MERB)F, THf. IlISUIII& IfSURIR WI...l.. MAL ___ DJ,YS WAmEN
NOTICE TO 'lIfE CPmFICATE HOLDIA HA~ TO TIfIi: L&T, - ,
City of Santa AJ1a - ~ ~ _n urlUfYK.-:tlll'VN ........_ , .
60 Civic Center Plaza A""",,",",, _A..... K~ d, I ..\ 1 Q ^ pI
g.......a An" ,.... Q'2703
ACORD 2SoS (7197)
~ ACORD COAPORA11ON 1188
" ACORI)_ CERTIFICAT.F INSURANCE. 1 DATE (MY/CONY)
LIABILITY 12119/2003
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
.. Andreini & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
300 Esplanade, Suite 100 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Oxnard, CA 93030 I
(805)981-9585 F:(805)981-0161 I INSURERS AFFORDING COVERAGE
----- - ". ---1.----.- -----_.---------_.._,._~ ---,--
INSURED ~NSU~ER A- Federal Insura!'!ce ComP2!J!!I__
"A-xoi-2i,.O --,.-------- - --
Mask Systems, Inc INSURER B -, -----.-----
-.-- ,-......--
AUn: Rosa Sosa INSURER c-
i'I;URER D:' - ..---- ---- -- n, -- -
11959 Discovery Ct.
I INSURER E: -.---.--.. ---- --- ---.-....---
Moorpark CA 93021
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~: TYPE OF INSURANCE POUCY NUMBER ~l?iY =griVE
I GENERAL UABIUTY ,
A X ('CMME"lCIAL GENERAL ll,I\SILlT':' I 3533-l:mC3 12' 18/ n3
['~ CLAIMS MADE r:iJ OCCUR I
u- -I
'I_~'l AGGRE~::\!SllMIT APPl~~~_ PER:
I POLICY -_ X ' PRG- lOC
, AUTOMOBilE UABIUTY
. ~:::=
~ HIRED AUTOS
C :~~~O~ED AUTOS
------,---_.-----'---
! "g~~ ~:~~OON UMlTS
: EACH OS:;CURRENCE _----t~'-ooo,ooo
I FIRE DAMAGE IArw orle i1rel----+-L ~~
MED EXE. (~_Y_QD~_Q~.!J~)~$ __ 10,000 _
~aNAL & ADV INJU~I ~,000,000
GENERAL AGGREG~JE_ L-_2.000,OOO
PRODU,<;TS _ COMP/OfAGG '$_~,Q.Q_O,OOO.
1~1a/04
7322-5049
121 18/ 03
12118/04
COMBINED SINGLE LIMIT
(Eaacciderlt)
rr-~Dll Y INJURY,,'
(Per perscm)
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I BODilY INJURY
_ {Per accident}
II' PROPER~" ~~MAGE-" -
(Per accident)
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,
I GARAGE llABIUTY
i', ANY AUTO
: AUTQ_PNL Y - EA -,~ggIDENT . 1___
OTHER THAN
AUTO ONLY
!OAi\CC
AGG I
A
EXCESS LIABILITY
X OCCUR IJ CLAIMS MADE
7972-9879
12118/03
12118/04
EACH" QCCURRENCE u ___-----+-.1-. 5,000,000
AGGREGATE "" ,__,~_ 5,0lJ!l,OOO_
,
---1 DEDUCTIBLE
RETENTION $
WORKERS COMPENSATION AND
EMPLOYERS' UABIUTY
OlMER
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E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERAOONSlLOCATIONSlVEHICLESlEXCLUSlONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Certificate holder Is named as Additional Insured under the general
nsblllty.
CERTIFICATE HOLDER
X ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
SHOULD ANY OF iliE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE iliE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL --3D- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO iliE LEFT, BUT FAILURE TO 00 so SHALL
IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
U'Dt~
City of Santa Ana
60 Civic Center Plaza
Santa Ana CA 92703
ACORD 25-5 (7/97)
@ACORD CORPORATION 1988
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MASK SYSTEMS INC.
MIIU!t:111! 0: .....UlllplOlllY
805 532 2332 P,02
r/IA j\V. CU:l ~Ol UJDl r. UUO
.
ACORD. CERTIFICA TE OF LIABILITY INSURANCE OP 10'19 "'Tll"'~
~-1 12/14/04
PROPUC;ER THIS CERTIFIOATE 1& ISSUEIJ AS A MATTER OF INFOlUMllON
Andr"ini " Comp.a.ny-Oom=cl ONLY ~N" CONFERS NO RIGHTS UPON THE CERTIFICATE
LicenSE> 0208S25 HOLDER. TIllS CERtiFICATE OOES NOT AMEND, EXTEND OR
300 EBpl.anac:lc> I Suite 100 AI. TER THE COVERAGE AFFORDl'I) BY THE POLICIES BElOW.
Oxnard CA 93030
Phona'80S~9S1-95SS Fax:eOS~ge1-0161 INSURERS AFFORDING COVERAGE NAle,
I/</lUR'" Pr --- (J..X? 3 - I ~ If 1N8IJ_k rade~al Ins~ce C""""auv
Dl----:t- INSUal!R1:
ft3~ s~._ In". Pr-()i'Pv..- INMiR Q;
9 i..cov.~ Ct. I"'SU~D;
~orpark CA 9 21
INSURER.Ii~
C0V5RAGSS
THE POLICIES OF IN$WW4r;E U6TEO ea.owl'IAVe lI!eH ISSUED TO Tl-te INSURED r4ANm AlCWEi j;QR 1HE PDUCYPEIUOD 'NPlCAiED.. N01'WiTH$fAHOlNO
Ntt~iQURi_h1T, TEIW DR (;tH)fTlONQIF /llNCONTltACl OR O'J1oQilt DOC:tACENrlJlll'1'H Re8"~TO *"fClt' 'mil' CfRTlFICATE MAY 9~I$SUEDOJt
MAV PERTAIN. ilole lNSU~CE~RDED BY T11E F'OUC:IEs DI!!CQIO l1EA:iIIIll$ S-JB.lECTTO ALL TIlE ~RU~ El)CCUJ$U;)"'i ~ OOlilOrrlOtolSOF SUCH
POLICIES. AGGRE'GATetMlTSetolcNl *YHAVE IEElf ~[) lWPAID ClAIM&:.
~ 1YJ,Ot'IMSURl....CE PQl.1CY ~"'EI< I~~ UMITS
~eRA"I.IAeILm" ~ OCCURRE!NC~ 11,000 000
A X COMMEJlCIAI.. GE'~1OtAJ. L~1Ll'rY 3533-99-03 12/18/04 12/1B/OS I ;;;;Ul!lI!STb~l . l. 000 000
I c"""'..... !lU occtJR Me"'EXP'(MyIMtP6'lWt~ '10,000
f'eASoJ'fALaA/N INJURY .1,000,000
GeNE~ AGGREG4TE .2,OOO,OOD
~AOG~~~~~n'PE!R; PROOIJC11l'~_IOP_ 12,000,000
POlleY JECT 1.00
~lJtrJ~OIPI..I!! llABlUTY C~8INI;D $lNGU. /JII'Irr 11,000,000
A .!. AN'{ AUTO 7322-50-49 la/l11/04 12/111/0S (..-
- ALL OlNNCD .wros 8tlDl.YI~,(
.
SCHEDULED AL1TOS IN,......,
X j41R;O AUTOS BCOllY INJURV
'i' NO~DAUT08 Cl'o<...."'l . .
.=.
- PIWPER"lY D.UMGi .
(Per ~~Wltl
R'....,UTY NJTO O~..,.. ~ ~eelDC!NT .
AN'( AUTO OTMIYt ~N EAACC- S
.wmOM..V: i'I3O .
EXCiSSIUMBR.El.1.A UYIlnY ISoCll OC~VfWlNC' .S,OOO,OOO
A !j-OCtli~ 0 .LAIN'MA.. 7972-98-79 12/18/04 12/18/05 "-T' .5,000 000
.
=1 ~C=I.~ .
Rfl'a.ITlON . .
wc~6A.o COMPiI'ISATtON AIlEJ ( d-::,/ b (L IY,;~
E,iYPlOVI!ftS'lJABlL.rn"
/lMYPItO"R~ItIPM1'NI!:~fIIIE h /J~/dL E.L ~IiACCID9Ii I
CFFJCER/MaIlBER EXCLUDED? pr E.~, PIWASE -EA EMPLOY!! .
~~-- 7/
Sf' TAL PR.OVISIONS lleIow IU. OIsrAH:. POLIO" t.NT s
0,.... V
DESCRIP110N OF OP~1l0NS I J.OeATION&tVEHlel..u I UClUltOJ$ AOOEO S'I' ENDORSENBlTISPECrAL. ~SJONS
e.."t:U!'t"..t.. hc>ld= iD _d ",8 additional insured under ~a 9'....~..1
Hah:l.11t.y.
CER.Tl~ICA TE HOLDER.
CANCEU.ATION
SANTA
StIDULDAN'rOF TlEABOVE DESC-,SD POl.QE. . CANClQ.U!!O '!PORt! "tH.IiW'lIf,Il.TI~
DATE THEJ\EOf=. THE ISlUrNO /HSUNtA;Wll....IlNQlI!A.VOIl: TD NAIl. ~ IMoYS WRITTEN
~O'TI~ TO THW CllFtnPICA.TE I1OL~R f1f""EO 10 'THe LEFT. BUT RloIUJRE. TO DO SO SfiALL
IMf'OSe NO oaLIGATlON OR llAfllUTY OF AR( KIHD UPONTNEINa.1MER.. rr$ ACiEIITS OR
REP'RE9I!NTATM!!1.
AUTlfORlUD ~""'ENT.TJVE
~~
Ct ~ of Santa Ana
60 Civic Center Pl..."..
$cmta Ana CA 92703
ACORD 25 (20D1/08)
@ACOfW r;QRPORATION '988
DEC-16-2004 15:29
~.wIJIJVJ"UJ't/IU\'; LJ.Vf
805 532 2332 P.03
r/\.\ nv. OU~~OI UIOl r. UUI
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ADDITIONAL INSURt;D (;:NDORSEMENT I
I I
. I,
Insurance Company F~;;;:; t?/lL I}} J'(j fl-/I ~CJ;- Cd.
. . I L
This 'endorsement modifies /Such insurance as is afforded b~ ~e t1 , YisionB 01 F'oli~
# :; ::;-:; 7 ~ Ii f d2 f01.atin9 te tile foilowing: '.',
. "
1. The City of Santa Ana. 20 Civic Cen1l:lr Piau, Sa fa Ana. C;a1ifomia
92701; its oft"IC9l"$. emploYees. agents, VOlurrteBrs andrepresenta\iV are named as .
additioflal insureds ("addil,iOl,al insureds.) with regard. to liability ~ eiensB of suits
;losing from the operaliom; and uses perlbrmed by or on behalf of tT n. ad Insured.
, 2., With raspl;K;t to Claims ari~ out of the ope~~ :jlncj usb performed by
or on behalf Of 1t1e named insured, suE:h insurance as is afford~ ~y this policy is
primary ;Ind is not additionaf to Of contributing \11I1111 any other insurance joarriGd by or for
the benefit of the additional insureds. . ' . i
MASK SYSTEMS INC.
.....llUr" 1111 (); 'vumpi::my
3: Thi,s insuranca appliBs separately to each, il'lGurad a9 'jll whom claim is '
made or suit is brought e;eoopt with respect to the compallY's lim' liabirrty. The
i"dlJsion of any person or organization 8S an il\sured shall not , any right wtlich
such pe~n or organization would have as a daimantif not so indu Ed~ '
. '
4. With respect to the additional i"sUredS, this insu n shalr not be.
cancelled, or materially reduced in coverage or limits except afterthirty 30) days written
notice has been given to the City !If .Sant3 AIla. 20 Civic center Plaza, Santa Ana.
Caljfomia 92701.
. this endorse
to ",a1l9 this
(Completion o.f the following, including COl.lntersigmrture, Is
endorsement effectiv".)
Effective , / f).1/~/d ~.
Poflcy# :J !;,]:J- PIN.:? . i
Issued to /TlfJl.K ..rYJ'1"6Jl),J' /)/e,1
Named Il'\Sured I i
B--u~
Authorized R. rSsentiltlve
I
I
I
I
i
,
,
i
I
I
I !
rm as a part of
Countersigl'lllO by
;4i!i3 2/ C
TOTAL P.03
JAN-07-2005 17:01
, <Jl\~l/~IIi.VJ-..,/r:\L ~1.J"t
MASK SYSTEMS INC.
(11K..\1lo'HU IX vVlUyt?r.tl)'
lA& ~v. ou~ JOt UIUl
805 532 2332 P.02
r, VV;;UVI
ACORD. CERTIFJCA TE OF LIABILITY INSURANCE OP 10 v~ DA'IE_DIl/m"fl
MUM-I 01/07/05
_Of' , THI$ ~rIFIC.<\TE Is ISSuao AS ^ MATTER Of INFORMATION
lIndr..ini , CClIIlp!U'&Y-Ogn""'d ONLY AND CONFERS NO RIGHTS UPON THE CEFlTIFICA TE
Licansa 020111125 HOl.D~. THIS CE;RTlFICATE DOES NOT AliENO, EXTEND OR
300 I':splanlld9, 'Suit.. 100 ALTER THE COVERAGE A~FORDED BY 1l{E POLICIES BELOW,
oxnard CA 93030
Pbona:805-9Bl-95BS Fax: 805-981-0161 INSURERS J\FFOROI>IG COVERAGE 'lAIC ,
...,,,.'" IN~uAeA. A:. A.l:G XnsuJ::'iUlC'& G;r:OUD
INSURER 8;
Mas.k S~8t:ezns, Inc. INSLIR!ftc:
11959 i.eo~ C~. JNSUA!l\ D:'
Hoorpark CA 93 21 1r118UheR E;
COVERAGES
THe PO:JCAi:S OF ~SUlYINCe I.I6l1:I) IELOWHAW BEEN ISGUED TO THE tHlURED IWSED MOVI;. FO~ TH~ PQ.JC"t PSIOD 1l(()ltAT'e(), NOTvUtfnANDIr<<i
AN'( ~VIflU!td!HT. Tm\1iII OR. OONPrnON OF AAY co.~ ~Qll-l'" DCCUM~ lMlli' RESPECTTDVIlHtCH TliIS CfR1TflCAlE MA.Y BE JUt.ED OR
IMY PERTAIN. THE 1NSl.RA.NCE ""FORDED IIV 1JoIE ..ot.ICttS DesCRIsm:I MEfIIEIN.18 UJEOTTO MJ. TUEi' TeRM$.I;)<CLI,l~,y,IO eONDfT~t4S OF suct{
~ ~ ",C)GRE(J,ATE'l~ IJotO\Wl *,YHlWEBeEN REDUCED BY PAJD ctAINS. ~ PR1WtW~ ....,,,,
.b!6 III ""'EOF tNGUAANa: POUCV 1tUMBU.
~_UAlIll.I1V e4CH 0CCIIRJ<eNCE S
C<*MER.ClAL GaEJW. ~LIlY pftliJoQs;$ If;. .~ .
I OLNMSUAlle 0 OCOlJR M5D6XP(A."'DnII~ .
, PERSONAl. ~ AlJV 1JCJt.R( .
RNeML"~1! .
hlAGG~euwrn"~ PRDOUCTS ..COMPIOJI AGe .
P'OLfCY ~ LOC
~TOM08llE L.W:liIll1Y .
C::OMI!IlfII~ StiQ.E t,1U1T .
I- AH'tAlJ'TO (&~dDr1f3
'- All O\'tINED AUTOS .,OOLVIHJUfty
.
h- ~t;II;oU<,SO N/fOS l""~
- HIRED f4lJros 80DILy IIUURV
S
NON..()INNeD AtJTOZ (....-
. -,
, . , PROPERTY DMAABE .
, ll'''_
=fGHNOITY AllTOONlV.EAACCIDEHT .
AN'fAlITO 0'1'H~ 'lIWl ....ACe .
JWTOONLT: AM .
IiXCSSJUMIftEUA UAlflJT'( !AC"~JdC! S
5'00cuo ,0 C.....S."""'!! AGGREGATE S
.
=1.EDUCT*lE .
. RETENTION . XITO'1i~ .
WOtu:EIUJ COMPEMlATlON ANC
EMI'1.O~ UABllJ'r( 9276304 12/18/04 12/1B/05
A NlY P7WP~It'rQ""M.'l'fC~M!>\fCVTNe E.L EACH~ClDENl" . 1000000
l)I;JiICBi'J'MfMSER EXClUDBJ? EL DISEASE -EA EMPLOYE!: '1000000
"m....--- ' lU. DlIll~..POlCr'tMT .1000000
is PROVII~ b*0'IIf
OlttER
DESCRlrnON OF OP~T10HS Il.OCA'i1ONti 'VE~ I ~USIONS A,DDI!:D BY ENDOI\SEII~MT I Spa:JAL PROYI~ APPROVED AS TO CONTENT:
Proof Df in~nn:ance .
~~~y
CERTlACA TE HOLDER
Santa An.. CA 92703
CANCELLATION
CtnsAA ~.1\IT01 TlSE ADOlf!: gtloQ~ POLJC;ile1 &IC~~~I'JU'O<<~ '1'111: IMPt~TIOH
DA~THEReOF. THE. ISSUtNG INlU~ER WlLl ENDeAVOR TO -'AIL !2- DAYS WRmEf.!
tlO'nCE TO THECIU\nFlCATE}Q.,D~ NAIlI~p TO THe l-a=T, PItT ~A.ll" TO 00$0 SHALL
IMPO$E KO OPUOA'I1ON OR U"'DIU'TV ~AHY fCI,.,D UPQ,. "".I~UftGRt 1'fS AGi'NT$ QR;
Rl!P'RESENTA1JYE5.
/&lnHOI'lD!O J(U~T~'I1Vl!.
IIlACOIl[) CORPORATION 1988
City of' Santa Ana
So. C~vic c.n~r Plaza
ACORD.s (2001/08)
TOTAl P.02
. .
ACORD.
CERTIFICATE OF LIABILITY INSURANCE
OP 10 VII DATE (MMIDDNYYY)
MASKS-1 ~I 01/07/05
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.
PRODUCER
Andreini & Company-Oxnard
License 0208825
300 Esplanade, Suite 100
Oxnard CA 93030
Phone:805-981-9585 Fax:805-981-0161
Mask Systems, Inc.
11959 Discove~ Ct.
Moorpark CA 93021
COVERAGES
INSURERS AFFORDING COVERAGE
INSURER A: AIG Insurance Graue
INSURER B
INSURER C'
INSURER 0
INSURER E
NAIC#
INSURED
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 I/IIHICH 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 SHO\tVN MAY HAVE BEEN REDUCED BY PAID CLAIMS
INS NSRa POLICY NUMBER D'-AiErJ'~rJ.f,w\E f)gk~~YI~,J;6~J!,'1N I LIMITS
LTR TYPE OF INSURANCE
GENERAL LIABILITY EACH OCCURRENCE .
--'--
COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurenoo) .
I CLAIMS MADE D OCCUR MED EXP {Anyone person) $
PERSONAL & AOV INJURY $
f--
GENERAL AGGREGATE $
f--
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/DP AGG $
n. ,hpRO n
, POLICY JEer LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Eaaccident)
f--
f-- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
f--
e- HIRED AUTOS BODilY INJURY
$
NON-OWNED AUTOS (Per accident)
f--
e- PROPERTY DAMAGE $
(Per accident)
~~GE LIABILITY AUTO ONLY - EAACCIDENT $
ANY AUTO OTHER THAN EA Ace $
AUTO ONI. Y AGG $
EXCESSfUMBREL.LA LIABILITY EACH OCCURRENCE $
.::.J OCCUR 0 CLAIMS MADE AGGREGATE $
$
=1 ~EOUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X I Tb'~/~,~:~S I IVE.'
A EMPLOYERS' LIABILITY 9276304 12/18/04 12/18/05 $ 1000000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $ 1000000
If yes, describe under $ 1000000
SPECIAL PROVISIONS belOW EL DISEASE - POLICY LIMIT
OTHER
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Proof of insurance
CERTIFICATE HOLDER
CANCELLATION
CITYSAA
SHOUL.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA liON
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAil ~ DAYS WRlTIeN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
'-LL ~
City of Santa Ana
So. Civic Center Plaza
Santa Ana CA 92703
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
SL
CERTHOLDER COpy
STATE po, BOX 807, SAN FRANCISCO,CA 94142-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
CITY OF SANTA ANA
60 CIVIC CENTER PLAZA
SANTA ANA CA 92703
GROUP:
POLICY NUMBER: 1771109-2004
CERTIFICATE ID: 3
CERTIFICATE EXPIRES: 12-18-2005
12-18-2004/12-18-2005
SL JOB"
PI --- ';?VO?:>-lt;J4>
f\ - 0-001..(- ~1" 1"
ISSUE DATE, 12-18-2004
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 10 days' advance written notice to the employer.
We will also give you to days' advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is notan insurance policy and does not amend; extend or alter the coverage afforded
by the policies listed herein, Notwithstani:Hng any requirement, term, or condition of any contract or other document
with r.espect to which this certificate of insurance may t),eissued OT may pertain. the insurance afforded by the
policies described herein is subject to all the terms. exdysions and conditions of such policies.
~
~~c
~
AUTHORIZED REPRESENTATIVE PRESIDENT
\
EMPLOYER 'SLIABILITY LIMIT INCLUDING DEFENSE COSTS; $1,000,000.00 PER OCCURRENCE.
EMPLOYER
LEGAL NAME
MASK SYSTEMS INC
11959 OISCOVERY GT
MOORPARK CA 93021
MASK SYSTEMS INC
..
,
. :.
. . .
11/17/2004
lREV.3-03J