HomeMy WebLinkAboutLIFESIGNS INC. 2 - 2005
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INSUFANCC ON ril'
V,Ot(t', !Vii\'y PROCEED
UNTI_ limJRi\NCr- rXPIRES
I J- - c~ 7::J) :;
CLERK OF COUNCil
DATE '6 - ~ ~ U~
N-2005-092
STANDARD CONSULTANT AGREEMENT
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THIS AGREEMENT, made and entered into this 1st day of July, 2005 by and between
LifeSigns, 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").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
Sign Language Interpreting.
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 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 $ 10,000.00 during the term of this Agreement.
b. Payment by City shall be made within thirty (30) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment need not
be made for work which fails to meet the standards of performance set forth in the Recitals
which may reasonably be expected by City.
3. TERM
This Agreement shall commence on the date first written above and terminate on June 30,
2006, unless terminated earlier in accordance with Section 12, below. The term of this
Agreement may be extended upon a writing executed by the Executive Director of the Personnel
Services Agency and the City Attorney.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended nor
shall it be construed to create an employer-employee relationship, a joint venture relationship, or
to allow the City to exercise discretion or control over the professional manner in which
Consultant performs the services which are the subject matter of this Agreement; however, the
services to be provided by Consultant shall be provided in a manner consistent with all
applicable standards and regulations governing such services. Consultant shall pay all salaries and
wages, employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection against
claims arising from bodily and personal injury, including death resulting therefrom and damage
to property, resulting from any act or occurrence arising out of Consultant's operations in the
performance of this Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property damage, in the total
amount of $1 ,000,000 per occurrence. Consultant shall supply City with a fully executed
additional insured endorsement in substantially the form attached hereto as Exhibit B upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Reserved
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. Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim.
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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: (I) for personal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
for personal injury, including health, and claims for property damage, which may arise from the
direct or indirect operations of the Consultant or its contractors, subcontractors, agents,
employees, or other persons acting on their behalf which relates to the services described in
section I of this Agreement; and (2) from any claim that personal injury, damages, just
compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
have been suffered, by reason of the events referred to in this Section or by reason of the terms
of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
harmless, and pay all costs for the defense of the City, including fees and costs for special
counsel to be selected by the City, regarding any action by a third party challenging the validity
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
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
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like importance, but in no event less than reasonable care. "Confidential Information" shall
include all nonpublic information. Contldential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is,
through no fault of the Consultant disclosed in a publicly available source; ( c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation 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, California 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director
Personnel Services Agency
City of Santa Ana
20 Civic Center Plaza (M-24)
P.O. Box 1988
Santa Ana, California 92702-] 988
telefacsimile (714) 647-6930
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
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To Consultant:
LifeSigns, Inc.
2222 Laverna Avenue
Los Angeles, California 90041
Telefacsimile (323) 550-4215
Attn: Dr. Patricia Hughes
Greater Los Angeles Agency on Deafi1ess (GLAD)
A party may change its address by giving notice in writing to the other party. Thereafter,
communication shall be addressed and transmitted to the new address. If sent by mail
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, 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 ofthis Agreement shall prevail. This Agreement may not be modified except by written
instrument signed by the City and by an authorized representative of Consultant. The parties
agree that any terms or conditions of any purchase order or other instrument that are inconsistent
with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor
the City. Each party to this Agreement acknowledges that no representations, inducements,
promises or agreements, orally or otherwise, have been made by any party, or anyone acting on
behalf of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement
shall be construed to limit the City's ability to have any of the services which are the subject to
this Agreement performed by City personnel or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by either party upon thirty (30) days written notice of
termination given to the other party. In such event, Consultant shall be entitled to receive and the
City shall pay Consultant compensation for all services perfom1ed by Consultant prior to receipt of
such notice of termination, subject to the following conditions:
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a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product completed as of such date, and in such case such work product shall be
the property of the City unless prohibited by law, and Consultant consents to the City's use thereof
for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited
by applicable law, in the recruitment, selection, training, utilization, promotion, termination or
other employment related activities. Consultant affirms that it is an equal opportunity employer
and shall comply with all applicable federal, state and local laws and regulations.
14. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement
shall be determined and governed by the laws of the State of California. Both parties further
agree that Orange County, California, shall be the venue for any action or proceeding that may
be brought or arise out of, in connection with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of California,
the City of Santa Ana and all other governmental agencies. Consultant shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses,
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
16. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to
City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
torth in the body of this Agreement.
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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:
~ ..,-~o;'//
\~~-//, ~.
P TRICIA E. HEAL Y\
Clerk o[the Council
D~=. ~E~R;f!J
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: '. ./
Laura Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
~:~ &-u. \{2~
~QUE;. ALVA
ExecutivecDirect<(r
Personnel Services Agency
CONSULT ANT
;)Cl*'nC11~ HL:~IVv
DR.P A TRICIA HUGHES
CEO
Tax ID #95-4044564
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EXHIBIT A
SCOPE OF SERVICES
Consultant shall provide communication services to individuals, businesses and organizations
who are covered by Section 504 of the Rehabilitation Act, Americans with Disabilities Act and
similar state and federal laws requiring the provision of auxiliary aids and services, as necessary
to ensure effective communication with deaf, hard of hearing or deaf-blind people, as requested
by City.
Communications Services
Consultant's staff and approved subcontractors shall be certified by either the National
Association of the Deaf (NAD) or Registry ofInterpreters for the Deaf (RID). Certificate
holders should have completed professional interpreter training and have extensive professional
interpreting experience.
Consultant shall provide legal interpreting, which requires specialized knowledge and rigorous
training of legal interpreting, settings and the language used in the legal system.
Interpreting demands constant mental and physical stamina, therefore some assignments,
particularly those that are lengthy or complex, will require a team of two interpreters rotating at
intervals of 20 to 30 minutes. Consultant reserves the right to determine if an assignment based
on its length or complexity requires two interpreters rotating at intervals of 20 to 30 minutes.
Generally assignments exceeding two hours will require team interpreters.
Tactile Interpreting: This service is a form of sign language interpretation specifically for deaf-
blind individuals.
Intermediary Interpreting (deaf interpreter) may be needed when the communication mode of a
deaf consumer is so unique that it cannot be adequately accessed by interpreters who are hearing.
Oral Interpreting involves interpretation by use of facial expression, lip / mouth movement and
hand gestures for deaf and hard of hearing individuals who do not rely on sign language for
communication.
City shall request communication services a minimum of 5 working days in advance. Consultant
cannot guarantee interpreters for any request made with less than 5 days notice, however, every
effort will be made to secure an interpreter.
Cancellations for assignments lasting two hours or less will require 25-business hour advance
notice of cancellation. Cancellation for assignments lasting longer than two hours will require
49-business hour advance notice of cancellation. Cancellations must be in writing.
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FEE SCHEDULE
Sign language, oral and tactile interpreting: $60.00 per hour with a 2-hour minimum.
Team interpreting: Assignments requiring a team of two interpreters rotating at intervals of 20 to
30 minutes will be charged $60.00 per hour per interpreter with a 2-hour minimum.
Emergency interpreting and last minute requests made for the same day: $70.00 per hour with a
2-hour minimum.
Legal interpreting: Due to the nature and complexity of legal appointments (i.e. litigation,
depositions, and mediations) Consultant requires two interpreters be present for all legal
appointments. Consultant will charge $400.00 per interpreter for any assignment 4 hours or less.
Any appointments over four hours is charged at $500.00 per interpreter.
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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:
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 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 ofliability. 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.)
, this endorsement form as a part of
Effective
Policy #
Issued to
Named Insured
Countersigned by
Authorized Representative
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CER'!'IFICATE WOLDER.
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20 Civic Cento, Plaza
P,O. Box 19aa
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IMPORTANT
If t~e certifiCllle 'cloer i. an ADDITIONAL INSURED, the pollcy(;e.) '"US! be endorsed. A slat.ment
on thi6 certlttGat. ooe$ not confer rigt\ts to the cBrtifl,eate holder in lieu of such endorsement(s)
If SUBROGATION IS WAIVED, ,ubjeellO the term, and conditions of the pelley, certain policies may
require an endorsement./4 9tarement on this cer!lficate does not confer right. to the certificate
ho4der in lieu of such endorsemen1(s)
DISCLAIMER
The Certificate of Insurance on the reverse side or this ferm does not constitute a contfset b.rween
the Issuing Insur.r(s), authorized representative or producer, IInO the certificate holder, nor do_It
affIrmatively or negatively amend, extend or alter the ccver.ge affordttd by the pOlicies listed thereon,
APPROVED AS TO FORM
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, Laura Stitt Sheedy
'\s,:,;ist<1nt City Attorney
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PAGE 04
POLICY NUMBER PHPK104336
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASe ~EAD IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZA liON
This endorsement modifies insuranee provided under 1M 101l0w1ng
COMMERCIAL GENERAL LIABILITY COVERAGE "'ART
Name of P....on or Organiution:
City of Santa Ana
ScheClula:
PO Sol( 1'188
Sant. Ana. Clio 92702
(If no entry appears above, inlormabon required to oomple!e this "naorsemen! will be shown In the
Deelarallons III. applicable to thia endorsement)
WHO IS AN INSURED (Section II) is amended to include as an 'n!;ured the pe!1lon or organization ahown
il'1 the Schedule as an,nsured but only with respect (0 the liability ariaing oul of your operationa or
premisea owned by or rented to you.
APPROVED AS TO FORM
~'''':-' /
-<;;1':5 f 3
Laura Slill Sheedy
Assistant City Attorney
CO 20 26 11 85
COPYrlllht, Insura""" Services Office, Inc , 1964
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FUND
CERTHOt.DER COPY
PO sox 420807 SAN FRANCISCO,CA SA 142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
X$SUE DATE: 02-"-2008
CRO\JP;
~OVCv NUMIlER '513180-200&
CfRTIF!CATE lO- 100
CE~TlrICATe ~XP1I=teS; 04-01..1.008
01-01-200&/01-01-2005
CITY OF SANTA ANA
PO BOX 1988
SANTA ANA CA 92702
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This I, to certlty thilt W. tl.v. lUlto<t a 'd,',ld \.J"Qr~tf" Comp.ns.tiQn in$uui'1c. POlie;:y in .. form apprc.",.d D" the
C'llfornj. InslJrlnce Commiulo".,. tQ t~ .~Ioy.r nMm.d b.IQW for the ooliey p.oriQO Indicated.
Th\~ pOlicy is l'lO~ su'tP}.ct to c::.,.,cell.tlol'l by the Fund. "xcofpt IJptlfi30 ::1<<V$ td....nce writt," notle. to ths employ.,.,
w. will .1150 gille 'iClU ~Od.Y$ JdIl'("Ir;;9 notic, shoi.rlc: this OQiicy b. Cf!ncelifliO prior to its normal eX1:,'I)ratiO!"l,
Thl~ e.rti'ic.t~ of in&UrenCB Is 110t ..., In&u,.n~. pO:i(':y Jf\\1 lien not 'mend, ."'f,nd or .~1'.r thtt cO\l,t.g~ .fto"ded
by the po\\e~' rst.d r..rei'1. Notwiths.IM'ldlMS my r"q\..ire'Tlffl1t, _ t.rm or eOf'\di~('-:H' O~ Irly Ol;)l"I'l:-ICl, or otl-Jer docurn6n(
with ra,p.ct to wt'ti<:h th~s. ~.nifit:at. of in/.iUrilf1(:C rti8V bfI 1$'~8d ;1r 10 wille" !t ~1iI)' pertlln, 111:. Inturanclf
.tfcrd.<t by fhe pOliCY a.scrib.o her.in. is 8UtJ,iaet to .U tl't. t.rms. 4'''-Clusicn&, ."d condJelo",. cl &l,lt:h policy.
~
A~c
~
AUTHORI ZEe REPRESENT A "\IE
PRESIDENT
~MPLOY'.'S LXA.ILETY CIMIT INCLUDING DE~.NSE COSTS: $1,000,000 PER O~CU~ENC..
~~$eMINT 62085 ENTl~LEP CERTIFICATa HOLal~S; NOTICE Ef~ECTl~E 0&-01.2002 lS
ATTACHEO TO AND 'ORMS A ~A.T O~ THIS pa~lCv.
.,',,'ROVED AS TO ~ ~ ..'
\. ;::Yj:/
~-~)
t;:ll.Jn~ Stitt Shccu~
'>,.,,(dnL City AttoIilv
EMPl.OVEFI.
(.'I:J;V .z~o~J
GREATER LOS AWG,LES AGENCY ON DE4FNESS AWD/OR (A
~OW-PROf\i PIJ811C UNEfl1 COAP'.) AND/OR LIFESiGNS
~Cll ANO/OR (A NON-PROFIT puBLIC S,NHIT COR-.) E1
A,
2222 lAVUUr/J AYe:
LOS ANGELES CA 90041
{B16,SL]
p_INTta , 02-'.-2005
PA'3E 85
s~
July 27, 2004
LifeSigns, Inc.
Ms. Denise M. Madland
2222 Lavema A venue
Los Angeles, California 90041
RE: Extension of Standard Consultant Agreement
Dear Ms. Madland:
Pursuant to Consultant Agreement #N 2002-104, which you entered with the City of Santa Ana
on July 31,2002, Section 3 - 'Term", the time period of the agreement is hereby extended from
June 30, 2003, until June 30, 2004. The insurance certificates and Additional Insured
Endorsement are required to be extended and/or renewed to cover this extension. All other terms
and conditions of the original agreement remain unchanged and in full force and effect.
If you have any questions in this regard, please feel free to contact Senior Personnel Analyst
Martha McCarthy at (714) 647-5355.
HENRY J. ALVA
Executive Director of the
Personnel Agency
Laura Sheedy
Assistant City Attorney