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HomeMy WebLinkAboutSCANTRON, INC. 3 - 2005 , INSUi. ,ill. UN 'ilL WO~~ MW NQL PflOCEED CLERK OF COUNCIL DATE: 5 ;;<3 -DS N-2005-058 cfJ't/A l C .0Wt(Ch) CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this ~ day of M ~, 2005 by and between Scantron, 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 transferring electronic data. 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 ofthe 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 transfer existing NT Server information to a new machine and make the new machine operational, and provide 41 hours of technical support. 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 February 28, 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 Public Works 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. 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. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. c. 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. d. 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. 2 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement. 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 nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 3 '. To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Public Works Agency City of Santa Ana 220 S. Daisy Avenue (M-85) Santa Ana, California 92703 Telefacsimile (714) 647-3345 Attn: Armando Fernandez 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: Scantron 34 Parker Irvine, California 92618 Attn: Janet Woo A party may change its address by giving notice in writing to the other party. Thereafter, any 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 ofthis 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 4 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 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 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. 5 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 its 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 forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA ~ AVID N. REA City Manager PATR.ICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney . .:/ ( By: /l;'';(&<I( ,'j" ul , Laura'Sheedy / Assistant City Attorney RECO.MMEN.DE(2. APPROVAL: / 11. . ~LLtJ;l /7-. JAMES G. ROSS Executive Director of the ../ublic Works Agency CONSULTANT 8f.;:>c{) ZeNTJoJEfl- S,..U:;s M...,.J is'6 ffI po... q 5 - J.l&; 7qt;)-. 6 -- ---.... seA N T .t9"..N City of Santa Ana Pricing Overview Pricinl{ Description of Services 1 Day to transfer existing NT Server configuration over to a new machine and making it operational. 41 hour block of Tecbnical Mentoring at $] 75/hr Extended Price $2,500.00 $7,175.00 Total: $'1,675.00 Above ,quot~tions do. not include.fax and shipoina charo~s unless otherwise stated. Prices are gcod for 60 Days. TERMS - Net 30. on approved credit Services must be scheduled within 5 months of invoice date. Any unused time will be forfeited, Scantron shall notify dient of unused time 1 month prior to expiration date. n is understood and agreed that each party should have no. liability for any indireGl, incidental, special or consequential damages (including loss of business, revenue, profits, use, data or other economic advantage) suffered by the other parly or any third party. even if that party has been previously advised of the possibilities of such damages. liability for damages for any claim whatsoever shall be limited to the amount paid by the Customer to Scanlron for the Services, which are the subject matter of the claim in the one-year period prior to the event giving rise to such damages. Estimated Above Total: $ Please fax PO and this proposal to Janel Woo - New FAX will be 949-271-2332, attn: Janet Woo Signature Date Scantron Federal Tax ID# is 95-2767912 $cantron Education Proposal 2124/2005 t:i;j-iioJI ,'j i., Page 2 Marsh, Inc, 5/9/2005 11:21 AM PAGE 2/002 Fax Server Attn: Brenda Yaung-Epps (404)995-3074 .".;;.;__",.,?;i.,;; CERTIFICATE NlJrttSER A TL.()00791163-20 THIS CERTFICATE IS ISSUED AS A. ~lATTT::R OF INFOR-MATION ON.t.y ~o CONFERS NO RIGHTS UPON THE CERTIFICA.TE HOLDER OTHER TH~ THOSE PROVIOED IN TfoIE POlleY. TI-lIS CERTFICATE DOES NaT AAlEND, EXTEND OR PJ.. TER THE COVERAGE AFFORDED BY THE POUCESOESCRI8EO HEREItI. COMPANIES AFFORDING COVERAGE PRODUCER Marsh 3475 Piedmont Road N.E., Ste 1200 Atlanta, GA 30305 75142-CAS. CO.;J'~l'Ny A FEDERAL INSURANCE CO Scantron Corporation 34 Parker lrvine, CA 92618 COtl.Cl1NY B AMERICAN INTL SOUTH INS. CO. INSURED COV1F'I'NY C CO',1F'AAY D ~'~llr~~~"-~."""'-""4",-,"","~"''''-''j''''H~;Fn->:iiif~'' ~.'-::'","'~'i!!Z~,,:,,,,-,",,-'" V4:","-~:S"":'.p, ""-"',O:A'~ :,i"",~~~\il"?Z~Jtrm<~-"~ry;::Ui!~&~~ ' '~~', .' ~"U .' __:.!IDJ;~_Q!t~~~.;,~~iWj;:RPli9Y~'n~J!t~@1d2%~&k'S$t) ""15 15 TO CERTI~Y THAT PQ..ICIES OF INSJR.ANCE DESCRISS) HE!~EiN HAVE S':;:E"l ISSUED TO Tr'E INSJRED NA\'lED HER.;;:IN FOR THE PQ..IC!' P;::RIOO Ir>.OICATI:u NOf\I'iTHsrA.\lDING AAYREQUlREMENT, TER,-."OR. CClNOn1CN OF mYCQNTRjI,Cf OR OTHS QOCdv1E~T'WiTH RES'EC1TO'l\+1iCH THE a:~:nFiCATE MAY 31" 1S3....'ED OR IJ,AY P<:RrAlN, THE IN3.JRANCE .AFFORDED BY T....;E POUOESOrSCRISED HEREIN ISSU8JECT TO 1<LL THE TEF<MS; CONDITIONS AND EXD-USON5 CF SUCH POLlOe'S AGGREGATO': LiM!TS9-10v.N MAY HAVE SrEN REDUCED BYPAD C~AlMS co TYPE OF INSURANCE pOliCY NUIIIIBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE (NIIIIIDDIVY) DATE4MMIDOrvY) LIMITS A GENERAL UABILJTf 35381324 03/01105 03101106 GF'IER.A~ ,4,o.,G'1.EGA'=' $ 2,000,000 X COVlMERO.oll GENERAL LI AgiLITY PROJUCf5- Co.'PiOP AGG $ 2,000,000 l a...AiIlt5\o1AC1E o OCOJR P'::::;;S)N.IIL & ;.nVINJUR" $ 1 ,000,000 ON'_ER'S I!. CalTRI\ClGR'SPROT E,o.D"i OCCURRE1'><CE $ 1,000,000 X RINTERS J::"R.n F RE :I,oMAGE (My O"Ie~reJ $ 1 ,000,000 ,,"'EJEXP Ma'l9:8'l'C1 $ 10,000 A AUimlOBILE LIABILITY '73260213 (ADS) '03/01/05 03101/06 1,000,000 CG.1B,!'<ED S\G~= L:MIT $ A X />NY A:JTO 73260209 (TX) 03(01/05 03101/06 A i'lL OM'iED AUTOS 73260210 (VA) 03101/05 03101/06 BOJiLVINJURY $ A 9:HEDULED AUTOS 73501034 (MA) 03101/05 03101106 ('::er ~I'r,n'\; A HIRED JlJ.JTOS 73260212 (PR) 03/01105 03101/06 80DLV:NJJRY ("eraccdo,'t) $ r-..'~_OWNED AUTOS OMPREHENSIVE - $1 ,000 PRO~;:I.T'f OH-M.G~ $ OLLlS10N ~ $1,000 Oed A.;TQ QNl" -:Ai\COOENT $ ~ ,"v '.JTO GTfiER THA.\ !\L'TO o.'lL y ~.lCri "COD:;",T $ AGGR:GATE $ '. B ~CESSLlA8ILlT'r' [BE298831 B $ 5,000,000 03/01/05 03/01106 "ACH OCCl:R"\;:I>CE '1 U~8RELLAFCRM ,',GGR;::'GATE $ 5,000,000 i" OThER THAN LiMBR:' lA-FORM $ A I WORKERS COMP,"SATI'" AND 35381324 03/01/05 03101/06 ' OT~ EMPLOYERS'LIABILIT'( ER I $ T,-fE PROPRIETOR; H"iCL EL DISEASE;o...lC'" L1'~IT $ 1,000,000 I PARTNER5'EXECUTI'.I': ! I f'L DISEilSE-2."C"'I =Iv1PLOY:;::E $ 1,OCO,000 CFflCERS ARt': : EXQ I DESCRIPTIO~ Of OPERA TIONSILOCATIONSIVEHICLESISPECLAL ITEIIIS The City of Santa Ana, its officers, employees, agents, and representative are induded as additional Insured as their interest may appear per written contract. City of Santa Ana 20 CiVIC Center Plaza P_O. Box 1988 Santa Ana, CA 92702 ~~ "'NY OF Tl-E !'o...ICIES OESC~:BE'D ....,~= ~ BE O'.NCELLE,) !~FO~~ 11-1" ~;<.~IRA1l0N O-,lE TH""ECF, "O-I~ IN!'JlJA;" "'F~o.~DING COVE~',(i; \'tiILI ~;,;~ Mo',L ---3.0 DIo.YS '.'>'RTTEtJ f.lUfC", TO THE' CERTIFICATE I-ICUIEFl NIo.Mm l-ER"N BVT Ft','LUR= fOM':c SUCH NOTICE 9-L"-LL IMPO<E NO O~LIG'lU:N Cl'I ~IABllTYlY ANY (11)0 U~ONTI-I= INg;'l.E'l....=~ORjING CCl./;'l....G,; IfS ~GENTS OR 'l.;"R;S:;N'1"&,f \n;S OIl. TI-lE ISSl.ERClFTHlSc;e:RTIFICAT<: MARSH USA lie. BY: MIchael Dennis Jf4J #- Marsh, Inc, 5/9/2005 11:21 AM Fax Server PAGE 2/002 PRODUCER Marsh 3475 Piedmont Road N.E., Ste 1200 Atlanta, GA 30305 CERTIFICATE NUMBER A TL..IJOQ7911 63-20 THIS CERTFlCATE: IS ISSUED AS A.~'ATTER OF INFORMATION ONLY AHD CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDED IN THE POLICY. nus c.ERTFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE PfFORDED BY TItE POLICES DESCRIBED HEREIH_ Attn: Brenda Young-Epps COMPANIES AFFORDING COVERAGE (404)995-3074 CCl'<P A'N 75142-CAS- A FEDERAL INSURANCE CO INSURED CaW'A'N B AMERICAN INTL SOUTH INS. CO Scantron Corporation 34 Parker Irvine, CA 92618 ^ I .:){'('c _ ['C:? ,\0 -M' _,J /'-"(, COf1=>A'W C CQ\l"PNY o '~M!~_il~zmi1iiift.~@itl1~fi~l:m~~-;r~~ti_ii~l "~<#.<",~i;%\-'--0o!/'x'--'"'~~~~":~~l1illl:.r;;J$:~'%!tt.Stl,triStz 1':"'15 IS TO CERTIFY THAT PO..lOES 0:= INSURA.'IICE DESCRIBS) HER::IN HAVE BEeN ISSU~ TO THE INSJRED NIWEO l-iEREIN FOR THE PO-ICf PE~IOO 1).J:>ICAl::') N~Tl-'srA.\lDING ANY REqUIREMENT. TER.'o1 OR CONDITlCN OF my CONTRACT OR OTHER DOOJMENTWlTH RES'ECTTO~\rHICH THE CERllFICATE MAv 80: iss...;o:O OR 'JAY ~RTAlN, THO: IN9J,'i!ANCE AFFORDED BY THE POLlOES ClESCRIBED HEREIN ISSlJBJECT TO M..:" THE TERMS, CONDITIO\IS ^\lD EXo..USONS OF SUCH POlIOES "~REGATE LIMITS g.;0~ MAY HAVE BEEN REDUCED BY P/1lD O-AlMS co lYPE OF INSURANCE POLlGVNUIlElER POLICY EFFECTIVE POLICY EXPIRATION LiMns LTR DATE (NMIDDIYY) DATE tMMIDDtYVj i A GENERAL LIABILITY 135381324 103/01/05 03101/06 G:NERAL AG~EGATE $ ~~~~I'.1ERaPL GE';NERAL LIABiliTY PRODUCTS. CCMP!OP AGG $ bmj : QAlMS,'vIKJE [K] OCruR i I PE:;;roNti. & AnV ,,\I.l':;:<v $ J ONNER.S&CC><TRACTOR.SPROT I I EA01 OCCURRENCE $ I X !PR!NTFR~ FR.O , $ I FIRE DJ\'tlAGE (Any C<"Ie~reJ i I MED EXP An rn9~!J'&n) $ A I AllTO.1OBILE L1ABIUT'( 73260213 (ADS) 03/01/05 03101/06 CO'I'BI,\;EQ SNGl;;:: L1M'T $ A R ~v ~TO 73260209 (TX) 03101/05 03101106 A JILL Ov'INEO AUTOS 73260210 (VA) 03/01105 03101106 BOOIL y IN~URY $ A a "'HEDULED AJTOS 73501034 (MA) 03/01/05 03/01106 ("erwOOl) A HiREOPJ.JTOS 73260212 (PR) 03/01/05 03101/06 BODilY INJU'<:V i r.,a.;.O\NNED AUTOS i\,<:; ,r, (::>era.xidclnl) $ F RM ~ OMPREHENSIVE - $1 ,000 FROPERTY 0,.,...,A8E $ X ~OLLlSION -$1,000 Oed RAG' LIABILITY ~TOONLY .EAACOD?NT $ "NY!UTO or,,;::R THAN M.;TO ON. Y U',. '\i lilr:1CY $ EAC.., AceD!::" T ,-- , , $ . I AGGR::GATE " B EXCESS LlABILllY iBE298831 B 103/01105 $ 03/01106 EAC-, OCOiR.:;:ENCE X : ".Ji\IBi'ELLA=CRM I AGGREGATE $ : OTHE,:;; r"AN IJMa.'i:EL'-A f'OR'o1 I $ A i WORKERS COMPENSATION ANO 135381324 103101/05 03101/06 OT" : EMPLOYERS'LIABILlTY EO I i , T..,E PRO;;:RIETORI i $ PAi'<TNERSoF.XEc.JTIVE R'''~ I EL DISEASE-Po..:cy LI'u1IT CFF:c::!3iSA!'<t' i 8<0..1 EL DISEASE-2..I(;1-l EMF'_OV=E $ 2,000,000 2,000,000 1,000,000 1,000,000 1,000,000 10,000 1,000,000 5,000,000 5,000,000 1,000,000 1,000,000 1,000,000 OESCRIF'TION OF OPERATIONSILOCAllONSIVEHICLESlSPEClolIl.lTE.1S The City of Santa Ana, its officers, employees, agents, and representative are induded as additional insured as their interest may appear per written contract. 9-IOl.li) I1.NV OF l'e POLICES DESC;tIEl"ED i-'EREIN !IE CANCEOLLIOU !li':m;t.'" T/-E EX?' ~~.TON [JoT:' THE~ErF, THE IN.<ul.ER "'F~C1;DING C()>JE_~"'a::: '.'011.1.- E~ ......'L ----3..0. ClAYS ',\'!<TT:'N NeTCE TO nE City of Santa Ana 20 Civic Center Plaza P,O. Box 1988 Santa Ana, CA 92702 ISSUE,~ OFTl-1ISCERTIF'CIon: CE'l.TlF;CATE HO...:JER N',t.EIlI-EREIN. BUT FAILU'lE TO M"IL SUCH NOTICE SH"L'_ tt.PD:oE NO C~.;G'oTiCt-l G< L1AaILrTYOF ANV,INQ UFONTHE IHSJ'l.ER AFFOFlUlNG CC/Ji':;:tAGE, ITS"'.Gi':NTSO~ RE~R=s;orn~_~""'s OR 11-'1" r.lARSH USA INC. BY: Mid1ael Dennis ft4J #-