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HomeMy WebLinkAboutFIELDMAN, ROLAPP & ASSOCIATES 1AGREEMENT TERMINATION ��ii�� Please complete this form when the attached agreen>ZW i&Ktdthgxir9-Eft Ct. Return form to the Sr. Deputy Clerk of the Council OWYOp Fdiw U5�f you have any questions. CLERK OF ----------------------------------------------------------------- The agreement withR,.�[ri(R�Yt.,-� was completed on /Vor. .�, .?OD�� , and final payment has been made. Department: r"IV,4"ew d Signature: S ,-M C Date: -/, Alt - City of Santa Ana Revised 8-7-03 Clerk of the Council INJURAIP,L7 iGUI 1 I f m_ - WORK MAY N-0-1 PF;OCEEv CLERK OF COUNCIL. DATE: SEP 2 9 2005 16 j.kd^c� A-2005-223 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this IV11- day of SWIf"'Xhtg, 2005 by and between Fieldman, Rolapp & Associates (hereinafter "Consultant"),an 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 independent financial advisory services to provide financing feasibility, planning and structuring, and possible debt issuance services, in connection with the proposed funding of water, sewer and other public improvements through the possible formation of a Community Facilities District. 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: SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement. Additional services which may be provided by Consultant, upon the written request of City, include : • Assisting the City in obtaining enabling legislation or conducting referendum elections.' • Extraordinary services and extensive computer analysis in the structuring or planning of any debt issue or financing program. • The repeat of any element of a service described in Exhibit A, which is made through no fault of Consultant. • Financial management services, including capital improvement plans, economic development planning, credit analysis or review and such other services that are not ordinarily considered within the scope of services described in Exhibit A. • Services rendered in connection with any undertaking of the City relating to a continuing disclosure agreement entered into in order to comply with Securities and Exchange Commission Rule 15c2-12 or other similar rules. • Services rendered to the City in connection with calculations or determination of any arbitrage rebate liability to the United States of America arising from investment activities associated with debt issued to fund the project. 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 B. 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, 2007, 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 Finance and Management Services 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. WORK PRODUCT Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. Consultant agrees that City shall own any and all work product produced pursuant to this Agreement, and further, City may utilize such work product in any manner deemed appropriate by City. 6. 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 C 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. 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. 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 acts, errors or omissions 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. 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. S. 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. 9. 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. 10. 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: Deputy City Manager for Development Services City of Santa Ana 20 Civic Center Plaza (M-31) P741 P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6954 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: Fieldman, Rolapp & Associates 19900 MacArthur Blvd., Suite 1100 Irvine, California 92612 telefacsimile (949) 474-8773 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. 11. 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. 12. 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. 13. TERMINATION This Agreement may be terminated by the either party 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. 14. 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. 15. 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. 16. 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. 17. 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: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA DAVID N. REAM City Manager CONSULTANT FIELDMAN, ROLAPP & ASSOCIATES !; vvy - V. FABIAN ):TS ipal Tax ID # 9S-o19a?Od3 `� EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT FOR FINANCIAL ADVISOR BY AND BETWEEN THE CITY OF SANTA ANA AND HELDMAN, ROLAPP & ASSOCIATES Scope of Services A. General Services. The Consultant shall perform an independent review of the proposed financing program The Consultant's findings will be presented to the City for its review and comment. If the City elects to proceed with a Community Facilities District, the Consultant shall assume primary responsibility for assisting the City in coordinating the planning and execution of the formation of the CFD. Insofar, as the Consultant is providing services, which are rendered only to the City, the overall coordination of the proposed financing shall be such as to minimize the costs of the transaction. Coincident with the financing review and maximizing the City's financing flexibility and capital market access if the City decides to proceed with a financing program, Consultant will provide the following: Phase I: 1. Community Facilities District Study. Initially Consultant will meet with City staff to outline the goals and objectives of the City in order to commence a Community Facilities District study and feasibility analysis. hi consultation with any other professionals also engaged in the process, Consultant will meet with the landowner and its representatives to understand its public financing plan. Consultant will evaluate the landowner's proposed financing program and provide recommendations that would make the proposed Community Facilities District consistent with industry practices and common industry benchmarks and also achieve the stated goals and objectives of the City. Consultant will present a summary of its findings to the City and will respond to comments and questions raised by the City Council. To the extent that additional information is requested by the City, Consultant will conduct additional research and present additional findings to the City. Phase H: 1. Establish the Financine Objectives. If the City decides to proceed in concept with a Community Facilities District, the Consultant shall work with City staff identify the other required financing team members and begin the process of coordinating their activities, consistent with the stated goals and objectives of the City. CITY OF SANTA ANATIELDMAN, ROLAPP & ASSOCIATES Exhibit A, Page 1 As required by the California Government Code, the Consultant will take the lead in the in the creation of local goals and policies to be considered and adopted prior to any action by the City to commence proceedings to form a CFD. Unless previously determined, Consultant shall recommend the method of sale of debt and outline the steps required to achieve efficient market access. 2. Develop the Pre -Community Facilities District Formation Timetable. The Consultant shall take the lead role in preparing a schedule and detailed description of the interconnected responsibilities of each team member and update this schedule, with refinements, as necessary, as the work progresses. 3. Monitor the Community Facilities District Formation and Transaction Process. The Consultant shall have primary responsibility for the successful implementation of the financing strategy and timetable that is adopted for each debt issue relating to the Project. The Consultant shall prepare the timetables and work schedules necessary to create a Community Facilities District and, if the CFD is formed, the activities required to sell and deliver bonds. These timetables and work schedules will be designed to achieve the desired results in a timely, efficient and cost-effective manner and Consultant will coordinate and monitor the activities of all parties engaged in the financing transaction, including conference calls and meetings of the financing team and the landowner. Phase III: The Services described in Phase III will commence upon appropriate action of the City completing the final election creating the CFD. Except for certain tasks outlined in Phase II, paragraph 3, Phase I and II services shall be deemed completed upon commencement of Phase III services unless "change proceedings" are conducted or unless tasks outlined in Phase II are required after the issuance of the fust series of bonds and in advance of a resolution of issuance for an additional series of bonds. Specifically in Phase III, the Consultant will: CITY OF SANTA ANA/FIELDMAN, ROLAPP & ASSOCIATES Exhibit A, Page 2 A 4. Review the Official Statement Generally, SEC, MSRB, and GFOA guidelines encourage full disclosure so that potential investors have sufficient data to analyze each proposed financing. Upon direction of the City, the Consultant shall take the lead in review of the official statement for each debt issue relating to the Project to insure that the City's official statement is compiled in a manner consistent with industry standards, typically including the following matters: • Legal Authority for the Financing • Security for the Financing • Restrictions on Additional Financings • Purpose and Funds for which the Financing is Being Issued • Sources and Uses of Proceeds • Revenue Sources: • Outstanding Financings • Planned Future Financings • Legal Opinions Regarding Tax Exemption • Such Other Matters as the Context May Require. 5. Procure and Coordinate Additional Service Providers Should the City desire, the Consultant may act as City's representative in procuring the services of financial printers for the official statement and related documents, and for the printing of any securities. In addition, the Consultant may act as the City's representative in procuring the services of trustees, paying agents, fiscal agents, feasibility consultants, or escrow verification agents or other professionals, if the City directs. 6. Provide Financial Advice to the City Relating to Financing Documents. Simultaneous with assisting in the preparation of official statements for each debt issue relating to the Project, the Consultant shall assist the managing underwriters, bond counsel and/or other legal advisors in the drafting of the respective financing resolutions, notices and other legal documents. In this regard, the Consultant shall monitor document preparation for a consistent and accurate presentation of the recommended business terms and financing structure of each debt issue relating to the Project, it being specifically understood however that the Consultant's services shall in no manner be construed as the Consultant engaging in the practice of law. 7. Compute Sizing and Design Structure of Debt Issue. The Consultant shall work with the City's staff to design a financing structure for each debt issue relating to the Project that is consistent with the City's objectives, that coordinates each transaction with outstanding issues and that reflects current conditions in the capital markets. CITY OF SANTA ANAXIELDMAN, ROLAPP & ASSOCIATES Exhibit A, Page 3 S. Plan and Schedule Investor Briefings. If appropriate, the Consultant shall develop a plan for presenting the financing program to the investor community. The Consultant shall schedule underwriter and/or investor visits, if appropriate; to assure the appropriate and most knowledgeable personnel are available for the presentation and, if requested, will develop presentation materials and assist the City officials in preparing for the presentations. 9. Conduct Credit Enhancement Evaluation. If appropriate and at the City's direction, the Consultant will initiate discussions with the landowner regarding letter of credit providers and vendors of other forms of credit enhancements to provide credit support for the financing. 10. Conduct Market Analysis and Evaluate Timing of Market Entry. The Consultant shall provide regular summaries of current municipal market conditions, trends in the market and how these may favorably or unfavorably affect the City's proposed financing. In the case of a negotiated sale of debt, the Consultant shall perform a thorough evaluation of market conditions preceding the negotiation of the terms of the sale of debt and will assist the City with the negotiation of final issue structure, interest rates, interest cost, reoffering terms and gross underwriting spread and provide a recommendation on acceptance or rejection of the offer to purchase the debt. This assistance and evaluation will focus on the following areas as determinants of interest cost: • Size of financing • Sources and uses of funds • Terms and maturities of the debt issue • Review of the rating in pricing of the debt issue • Investment of debt issue proceeds • Distribution mix among institutional and retail purchasers • Interest rate, reoffering terms and underwriting discount with comparable issues • Redemption provisions 11. Recommend Award of Debt Issuance. Based upon activities outlined in Task 10 above, the Consultant will recommend accepting or rejecting offers to purchase the debt issue. If the City elects to award the debt issue, the Consultant will instruct all parties and help facilitate the actions required to formally consummate the award. 12. Provide Pre -Closing and Closing Activities. The Consultant shall assist in arranging for the closing of each financing. The Consultant shall assist counsel in assuming responsibility for such arrangements as they are required, including arranging for or monitoring the progress of bond printing, qualification of issues for book -entry status, signing and final delivery of the securities and settlement of the costs of issuance. CITY OF SANTA ANA/FIELDMAN, ROLAPP & ASSOCIATES Exhibit A, Page 4 EDIT B TO FINANCIAL ADVISORY SERVICES AGREEMENT BY AND BETWEEN CITY OF SANTA ANA AND FIELDMAN, ROLAPP & ASSOCIATES Part I -Fees and Expenses Phase I and Phase II Services City agrees to pay at the Consultant's hourly rates per the table provided below; however, the maximum fee to be paid under this agreement for Phase I and Phase II services shall not exceed the amounts advanced under any landowner deposit and reimbursement agreement between the City and any landowner. The City agrees to request funds and pursue funding in advance from the landowner for Consultant's services. Fees earned by Consultant for Phase I and II services will be billed monthly and will be payable within 30 days. Personnel Hourly Rate Executive Officer.............................................................. $300.00 Principal.......................................................... $290.00 Principal/Senior Vice Presidents ....................................... $275.00 Vice Presidents................................................................. $225.00 Assistant Vice Presidents .................................................. $195.00 Senior Associate............................................................... $150.00 Associates......................................................................... $125.00 Analyst................................................................................ $85.00 Administrative Assistants ................................................... $65.00 Clerical (Other)................................................................... $35.00 Part 2 -Fees and Expenses Phase III Services For all services rendered under Phase III resulting in a negotiated sale of bonds, the City shall pay consultant a fee based upon the following schedule for each negotiated sale of bonds. Par Value of Bonds Fees $1 to $5,000,000 $24,500 $5,000,001 to $7,500,000 $36,500 Over $7,500,000 to be negotiated Payment of fees earned by Consultant pursuant to this Phase III shall be contingent on, and payable at the closing of the debt issue(s) undertaken to finance the Project. CITY OF SANTA ANA/FIELDMAN, ROLAPP & ASSOCIATES Exhibit C, Page 1 Expenses Expenses will be billed for separately and will cover, among other things, travel, lodging, subsistence, overnight courier, computer, intemet posting and fax transmission charges. Advances made on behalf of the City for costs of preparing, printing or distributing disclosure materials or related matter whether by postal services or electronic means, may also be billed through to the City upon prior authorization. Additionally, a surcharge of 6% of the net fee amount is added to verifiable out-of-pocket costs for recovery of costs such as telephone, postage, document reproduction and the like. Limiting Terms and Conditions The above fee is based on completion of work orders within twenty four months of the City's initial authorization to proceed, and assumes that the City will provide all necessary information in a timely manner and require other parties, including any landowner, to make available such other information required in order for Consultant to perform and complete its assignments. Abandonment If, once commenced, the services of the Consultant are terminated prior to completion of its Phase I study for any reason, or Consultant is directed to proceed with any subsequent phase of the assignment and later requested to terminate its services, Consultant is to be reimbursed for professional services and direct expenses incurred up to the time it receives notification of such termination at the standard hourly rates described in Phases I and II of this Exhibit B. CITY OF SANTA ANA/FIELDMAN, ROLAPP & ASSOCIATES Exhibit C, Page 2 EXHIBIT C 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 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 To: City of Santa Ana From: Blanca Roque 10-04-05 10:35am p. 2 of 6 ACOOR o , �r o ��4L{ , A .,` 3 4+I, Irrl � V� r., R m ��+. 10/4/2005 Protlucer Blanca Roque THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Wood Gutmann & Bogart Insurance Brokers THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 15901 Red Hill Ave., Suite 100 Tustin CA 92780 714 505.7000 INSURER Hartford Insurance Company www.wgbib.com License No. 0679263 A INSURER B Insured INSURER Fieldman, Rolapp & Associates C INSURER D 19900 MacArthur Blvd, #1100 Irvine CA 92612 r, a, ��(m..,,,. 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. POLICY POLICY INSR LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE M IDDDAT YV EXPIRATION M DATE Y LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL Lim 72.SBAAF9892 4/1/2005 4/1/2006 FIREOAMAGEAn tfln, $ @09. CLAIMS MADE OCCUR MED EXP ore arson E PERSONAL& ADV INJURY $ GENERAL AGGREGATE $ GENT AGO LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ $ POLICY 7PROJECT MILOC AUTOMOBILE LIABILITY MY AUTO 72UECTQ4293 4/1/2005 4/1/2006 COMBINED SINGLE UMH $ 1,000,00( BODILY INJURY ALL OWNED AUTOS SCHEDULED AUTOS (Per P.) $ BODRV INJURY HIRED AUTOS NON -OWNED AUTOS (Per ..Ment) $ PROPERTY DAMAGE (Per a¢Ident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA PCL $ ANY AUTO AUTO ONLY: AGG$ EXCESS LIABILITY EACH OCCURRENCE $ 01 OCCUR 7 CLAIMS MADE 72.SBAAF9892 4/1/2005 4/1/2006 AGGREGATE $ $ DEWCT'mT $ RETENTION $ WORKERS' COMPENSATION & STATUTORY LIMIT I IDTHERT17",."k,¢, 4 EMPLOYERS' LIABILITY EL EACH ACCIDENT $ 72WBCNU7013 4/1/2005 4/1/2006 EL DISEASE - EA EMPLOYEE $ Is EL DISEASE -POLICY OMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additional insureds per attached SS 00 08 04 01. , , h„ ' v ary^ ; 5,� , �•. 6 tl lL n, Pfd 1 wY� � � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana Attn: Clerk of the City Counsel EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL _aaQ—* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRE- 20 Civic Center Plaza (M-30) Santa Ana CA 92702-1988 SENTATIVES. 10 Days forNon-Pa .ant of Pramlum AUTHORIZED REPRESENTATIVE Dan Gorman „�,' ,VTtk�„ , To: City of Santa Ana From: Blanca Roque 10-09-05 10:35am p. 3 of 6 IMPORTANT If the cerdncate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certlFlcate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certlncate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) created at www.e CertsONLINE.Com To: City of Santa Ana From: Blanca Roque Fieldman, Rolapp & Associates BUSINESS 1-6WILITY COVERAGE FORM (2) Notify us as soon as practicable. Ycu must see to it that we receive a written notice of the claim or "suit" as soon as practicable. Btt this condition will not be considered broached unless the breach occurs after Stich claim or "suit" is known to anyone lis'ed In 2 .a. (1) through (5) above. C. You and any other Involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. N,7 insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Financial Responsibility Laws a. "'hen this policy is certified as proof of financial responsibility for the future under *a provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" nribifity and "property damage" liability will compiy with the provisions of the law to the e:dent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will p"wide any liability, uninsured motorists, utderinsured motorists, no-fault or other nNerage required by any motor vehicle law. We will provide the required limits for inose coverages. 4. Lego Action Against Us No parson or organization has a right under this c3verage form- a. To join us as a party or otherwise bring us Ir to a "suit" asking for damages from an insured; or b. To sue us on this coverage form unless all of its terms have been fully compiled with. Page 14 of 2) 7 ' /' 10-04-05 10:35am p. 4 72SBAAF9892 A person or organizatlon may sue us to recover on an agreed settlement or on a fine[ judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are In excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimants legal representative. 5, Separation of insureds Except with respect to the Limits of Insurance, and any rights or dutisc specifically assigned in this policy to the first Named Insured. this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each Insured against whom a claim is made or "Suit" is brought, 6. Unintentional Failure to Dlsclose Hazards It is agreed that based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we shall not deny any coverage under this Coverage Form because of such failure. 7. Other insurance - Primary Additional Insured If the written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agree to include In WHO IS AN INSURED, this Other Insurance Provision is applicable. If other valid and collectible insurance is available for a loss we cover under this Business Liability Coverage Form, our obligations are limited as follows: a. Primary insurance This insurance is primary. We win not seek contributions from other insurance available to the person or organization with whom you agree to include in WHO IS AN INSURED, except when b. applies. b. Excess Insurance This insurance is excess over: (1) Any other insurance, whether primary, excess, Contingent or on any other basis: (a) That is Fire, Extended Coverage, 13uildsr's Risk, Installation Risk or similar coverage for "your work"; Form SS 00 08 04 01 of 5 To: City of Santa Ana From: Blanca Roque 10-04-05 10:35am p. 5 of 6 (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is Insurance purchased by you to cover your liability as a tenant for "property damage" to premises rental to you or temporarily occupied by you with permission of the owner; or (d) It the loss arises out of rhe maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages - (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement. "hen this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of; (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2; The total of all deductible and self- insured amounts under all that other insurance. We win share the remaining loss, If any, witty any other insurance that is not doscribed in this excess of the Limits of Irsurance shown in the Declarations of it is Coverage Part. c. K ettod of Sharing If all the other insurance permits contribution by equal shares, we wig follow itis method also. Under this approach, each insurer contributes equal amounts aitit it has paid its applicable limit of irsurance or none of the loss remains, whichever comes first. If, any of the other insurance does not permit contribution by equal shares, we v%W contribute by limits. Under this method, each insurer's share is based on it ratio of Its applicable limit of insurance W the total applicable limits of insurance of all insurers. This provision provides such insurance as 4 afforded under this coverage form, but only with respect to your operations, "your Mnrk" or facilities owned or used by you. Form SS 00080401 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Coverages also apply. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1, Additional Insured - Designated Person or Organization WHO IS AN INSURED under Section C. is amended to include as an insured the person or organization shown in the Declarations, but only with respect to ttablrity arising out of your operations or premises owned by or rented to you. 2. Additional Insured - Managers or Lessors of Premises a. WHO IS AN INSURED under Section C. Is amended to include as an insured the person(s) or organization(s) shown in the Declarations; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: b. Additional Exclusions This Insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant In that premises; or (2) Structural alterations, new construction or demolition operations performed by or for that person or organization. 3. Additional Insured - Grantor of Franchise WHO IS AN INSURED under Section C. Is amended to include as an insured the person(s) or organization(s) shown In the Declarations, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured " Lessor of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as on Insured the person(s) or organization(s) shown in the Declarations, but only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s). b. Additional Exclusions: This insurance does not apply. Page 16 of 20 To: City of Santa Ana From: Atlanta Roque 10-04-05 10:35am p. 6 of 6 BUSINESS LIABILITY COVERAGE FORM (1) To any "occurrence"which takes place (a) "Bodily injury" or "property after tha equipment lease expires; or damage" for which the vendor is (2) To "bodily injury' or "property damage" obligated to pay damages by arising gut of the sole negligence of reason of the assumption of the lessor, liability in a contract or agreement. 5. Additional Insured - Owners or Other This exclusion does not apply to Interasts From Whom Land Has Been liability for damages that the Leased vendor would have in the absence WHO IS AN INSURED under Section C. is of the contract or agreement; amended to include as an Insured the person (b) Any express warranty or organization shown in the Declarations, but unauthorized by you; only wi0r respect to liability arising out of the (c) Any physical or chemical change ownership, maintenance or use of that part of in the product made intentionally the land leased to you and shown In the by the vendor; Declarations and subject to the following (d) Repackaging, unless unpacked additional exclusion_ solely for the purpose of This insurance does nota Ito: PPY inspection, demonstration, testing, a. Any "occurrence" that takes place after or the substitution of parts under you cease to lease that land; or instructions from the b. Structuraf alterations, new construction or manufacturer, and then dumolitlon operations performed by or for repackaged in the onginef the person or organization shown in the container; Dsclaretions. (e) Any failure to make such S. Additional Insured " State or Pollticaf inspections, adjustments. tests or Subd'vlsion- Permits servicing as the vendor has a. WHO IS AN INSURED under Section C. is agreed to make or normally amended to include as an insured the undertakes make in the usual course of buss iness, i connection slate or political subdivision shown in the with the distribution orsofa of the Daclarations, but only with respect to products' operations performed by you or on your behalf for which the state or poli0cal (f) Demonstration, installation, subdivision has issued a permit. servicing or repair operations, b. Additional Exclusions except such operations performed at the verdoPs premises in This insurance does not apply to: connection with tfie sale of the (1,r "Bodily Injury". "property damage" or product, "personal and advertising injury' (g) Products which, after distribution arising out of operations performed for or sale you, have been labeled the state or political subdivision; or or relabeled or used as a (21 "Bodily injury" or "property damage" container, part or ingredient of any included in the "producicompleted other thing or substance by or for operations" hazard. the vendor. T. Additional Insured - Vendors (2) This insurance does not apply to any a. WHO IS AN INSURED under Section C, is Insured person or organization, from amended to include as an insured the whom you have acquired such persons) or organization(s) (referred to products, or any ingredient, part or below as vendor) shown in the container, entering into, accompanying Csdarations, but only with respect to or containing such products. "bodily injury" or "property damage" arising (3) This Provision T. does not apply to any out of "your products" which are distributed vendor included as an insured by an or sold in the regular course of the endorsement issued by us and made vendor's business. a part of this Coverage Form. b. Additional Exclusions (1) The insurance afforded the vendor does not apply to: ' Page 16 of 2D Form SS 00 08 04 01 To: City of Santa Ana From: Blanca Roque 10-04-05 10:25am p. 2 of 3 �iARIL r IT- NSU ru-. Otte tl "I 10/4/2005 Protlucer Blanca Roque 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 Wood Gutmann & Bogart Insurance Brokers COVERAGE AFFORDED BY THE POLICIES BELOW. 15901 Red Hill Ave., Suite 100 INSURERS AFFORDING COVERAGE Tustin CA 92780 714 505.7000 INSURER Indian Harbor Ins. Company www.wgbib.com A License No. 0679263 INSURER Insured B Fieldman, Rolapp & Associates INSURER C 19900 MacArthur Blvd, #1100 INSURER Irvine CA 92612 D i vrlP. �. o, ,faro iwrv: r, .! nv,d .� ar I.,I..... THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR I HE 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. POLICY POLICY NSR LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE MM/DD/DDYV EXPIRATION M DATEYV LIMITS GENERAL LIABILITY EACH OCCURRENCE $ FIRE DAMAGE An 1 Pre $ COMMERCIAL GENERAL LIAB MED EXP A one rson $ CLAIMS MADE OCCUR PERSONAL a ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGG LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ $ POLICY 7PROJECT 7LOC AUTOMOBILE LIABILITY AUTO $ COMBINED SINGLE LIMITANY BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per ercldem) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY, AUTO ONLY - EA ACCIDENT $ OLDERT AN EAAUTO AGG$ ANY AUTO tC,. EXCESS LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR ❑ CLAIMS MADE $ $ DEWCTIBLE $ RETENTION $ WORKERS' COMPENSATION & ISTATUTORY LIMIT THERI �r i1 ! EL EACH ACCIDENT $ EMPLOYERS' LIABILITY ELDISEASE- EAEMPLOVEE $ EL DISEASE - PCUCY UMIT $ Errors & Omissions ELU08776504 12/10/2004 12/10/2005 Limit: $1,000,000 Ded. $100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS „�, t YT�AL ect a Yh Lr rr rr r , w r, rr Pryd'�.WI�1' Y. f'. tl,�r:r \� i?Yv inv a r �11e llsN¢ <\ X11 . �.I 1.11ro\ rti_ t n. \ ,LRS': .VYL lx�.S..A� SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana Attn: Clerk Of the Court EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL . DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- 20 Civic Center Plaza (M-30) Santa Ana CA 92702-1988 SENTATIVES. 10 Days for Non -Payment of Premium AUTHORIZED REPRESENTATIVE Dan Gorman ^� A'° r7'0101011 , a \ \ rr�ryydy r r t +. A�Py kMM4 �i I1r kM1�1!. To: City of Santa Ana From: Blanca Roque 10-04-05 10:25am p. 3 of 3 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing Insurer(s), authorized representative or producer, and the certificate holder. nor does It affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 25-S (7197) created at www.e CertsONLINE.Cem To: City sof Santa Ana From: Blanca Roque 3-27-06 2:31pm p. 2 of 6 w ACORO �., Ir .2. 1Yf,i )t`YI@ ' 3 14s1C Derem tlp'A"q,3/27/ :- . v��� ,tt:i^��.,y.€y n:'!�;: Ir,,...�v )„,4 �':I,Wu):TI?t!^ la�waa ,,,' , ,. °C�. ' Proaucer Blanca Roque ,�1y,��1,&• ,; .?IId,e;p'.,F n5I{wg�ll� 0C THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Wood Gutmann & Bogart Insurance Brokers THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 15901 Red Hill Ave., Suite 100 COVERAGE AFFORDED BY THE POLICIES BELOW. Tustin CA 92780 714 505.7000 www.wgbib.com INSURER Hartford Casualty Insurance Company P nY License No. 0679263 A INSURER B Insured Fieldman, Rolapp & Associates 2 0¢S—."2 INSURER C 19900 MacArthur Blvd, #1100 Irvine CA 92612 INSURER p ..... 7% THE POLICIES OF INSURAN E LISTED ELOW H VE BEEN IS UED TOT E INSURE 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. POLICY POLICY INSR LTR TYPE OF INSURANCE PoLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS MM/DO/YY MM/DD/YY GENERAL LIABILITY EACH OCCURRENCE $ COMMERgAL GENERAL UAB 72SBAAF9892 4/1/2006 4/1/2007 FRE DAMAGE (My 1Bre$ 4l14 CLAIMS MADE FZ OCCUR MED EXP one . $ PERSONAL& ADV INJURY E GENERAL AGGREGAlbffftff TE $ GENT AGG OMIT APPLIES PER PRODUCTS-COMP/OP AGG $$ POLICY PROJECT LOC AUTOMOBILE LIABILITY AUTO 72UECTQ4293 4/12006 4/1/2007 COMBINED SINGLE UNIT $ 1,000,00 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) ]ANY HIRED AUTOS$ BODILY INJURY NON -OWNED AUTOS (Per exitlera) PROPERTY DAMAGE (Per exltlm) $ GARAGE LIABILITY AUTO ONLY -EA AGgDEM $ ANY AUTO OTHER THAN EA ALC $ AUTO ONLY: AGG$ EXCESS LIABILITY OCCUR El CLAIMS MADE 72SBAAF9892 4/12006 4/12007 EACH OCCURRENCE $ AGGREGATE $ Is DEDUCTIBLE RETENTION $ $ WORKERS' COMPENSATION & EMPLOYERS' LIABILITY STATUTORY LIMIT HER` A Yt`^'u "L}xc,'^"✓,E 72WBCNU7013 4/12006 4/12007 EL EACH $ AET EL DISEASESE EEA EMPLOYEE $ EL DISEASE POLICY LIMIT $ 1 Min (in DESCRIPTION OF OPERATIONS/LOCATIONSfVEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as additioal insureds per attached SS 00 08 04 01. Y��fy " v, � `S� 1�' 1� "� i�i1\ iE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn: Clerk of the City Counsel 3Q--_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE. 20 Civic Center Plaza (M-30) SENTATIVES. 10 Days for Non -Payment of Premium Santa Ana CA 92702-1988 Au REPRESENTATIVE Den Gorman To: City 'of Santa Ana From: Blanca Roque 3-21-06 2:31pm p. 3 of 6 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the poll cy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poll Gas may require an endorsement. A statement on this certificete does not confer rights to the certli cate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing Insurer(s), authorized representative or producer. and the certificate hostler, nor does It affirmatively or negatively amend, extend or atter the coverage afforded by the policies listed thereon. ACORD 25-S (7197) created at www.e Cer1sONLINE.COrn i To: City -of Santa Ana From: Blanca Roque 3-21-06 2:31pm p. 9 of 6 Fieldman, Rolapp & Associates 72SBAAF9892 3/27/2006 BUSINESS LIABILITY COVERAGE FORM (2) Notify us as soon as practicable. Ycu must see to it that we receive a wrtten notice of the claim or "suit" as soon as practicable - SO this condition will not be considered broached unless the breach occurs after Such claim or "suit" is known to anyone lisped In 2 .a. (1) through (5) above. c. You and any other Involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, In the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. N,) insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expanse, other than for first aid, without our consent. 3. Financial Responsibility Laws a. "'hen this policy is certified as proof of financial responsibility for the future under the pfovisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the e:dent of the coverage and limits of insurance required by that law. It. With respect to "mobile equipment" to which this insurance applies, we will pi'ovide any liability, uninsured motorists, u iderinsured motorists, no-fault or other coverage required by any motor vehicle lew. We will provide the required limits for those coverages. 4. Legs: Action Against Us No p°rson or organization has aright under this c average form: a. To join us as a party or otherwise bring us irto a "suit" asking for damages from an insured; or b. To sue us on this coverage form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured: but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the daiment's legal representative. 5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a, As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or"suit" is brought. 6. Unintentional Failure to Disclose Hazards It is agreed that based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the Inception date of your policy, we shall not deny any coverage under this coverage Form because of such failure. 7. Other Insurance - Primary Additional Insured If the written contract or agreement or permit requires this insurance to be primary for any person or organization with whom you agree to include in WHO 15 AN INSURED, this Other Insurance Provision is applicable, If other valid and eollad6le insurance is available for a loss we cover under this Business Liability Coverage Form, our obligations are limited as follows: a. Primary Insurance This insurance is primary, We will not seek contributions from other insurance available to the person or organization with whom you agree to include in WHO IS AN INSURED, except when b. applies. b. Excess Insurance This insurance is excess over: (1) Any other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; Page 14 of 2 ] � 5 "// /� Form SS 00 08 04 01 To: Cit y,of Santa Ana From: Blanca Roque 3-27-06 2:31pm p. 5 of 6 (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is Insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion Q. of Section A. — Coverages. (2) Any other primary insurance available to you covering liability for damages arising out of the premises or operations for which you have been added as an additional insured by attachment of an endorsement. W hen this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not d ascribed to this excess of the Limlts of Irsurance shown in the Declarations of itis Coverage Part. BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Coverages also apply. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person or Organization WHO LS AN INSURED under Section C. is amended to include as an insured the person or organization shown in the Declarations, but only with respect to liability arising out of your operations or premises Owned by or rented to you. 2. Additional Insured - Managers or Lessors of Premises a. WHO IS AN INSURED under Section C. is amended to include as an insured the persons) or organization(s) shown in the Declarations; but only with respect to liability arising out of the Ownership, maintenanCe or use of that part of the premises leased to you and shown in the Declarations and subject to the following additional exclusions: b. Additional Exclusions This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or for that person or organization. c. Method of Sharing 3. Additional Insured - Grantor of Franchise If all the other insurance permits WHO IS AN INSURED under Section C. is contribution by equal shares, we wig follow amended to include as an insured the ttis method also. Under this approach, person(s) or organization(s) shown In the e.ich insurer contributes equal amounts Declarations, but only with respect to their u -til it has paid its applicable limit of liability as grantor of franchise to you. irsurance or none of the toss remains, 4. Addittonat Insured - Lessor of Leased whichever comes first. Equipment If any of the other insurance does not a. WHO IS AN INSURED under Section C. is permit contribution by equal shares, we amended to include as an insured the Kill contribute by limits. Under this person(s) or organization(s) shown in the method, each insurer's share is based on Declarations, but only with respect to their tiie ratio of its applicable limit of insurance liebitity arising out of the maintenance, to the total applicable limits of insurance of operation or use by you of equipment all insurers, leased to you by such person(s) or This provision provides such insurance as organiZation(s). is. afforded under this coverage form, but b. Additional Exclusions: only with respect to your operations. "your work" or facilities owned or used by you. This insurance does not appIT Form SS SS 00 08 04 01 Page 15 of 20 To: City,of Santa Ana From: Blanca Roque 3-27-06 2:311 p. 6 of fi BUSINESS LIABILITY COVERAGE FORM (1) To any "occurrence" which takes place (a) "Bodily injury" or "property after the equipment lease expires; or damage" for which the vender is (2) To "bodily injury" or "property damage" obligated to pay damages by arising out of the sole negligence of reason of the assumption of the lessor. [lability in a contract or agreement. 5. Additional Insured - owners or Other This exclusion does not apply to Interests From Whom Land Has Been liability for damages that the vendor would have in the absence Leased of the contract or agreement; WHO IS AN INSURED under Section C. is amended to Include as an insured the person (b) Any express warranty or organization shown in the Declarations, but unauthorized by you; only vrith respect to liability arising out of the (c) Any physical or chemical change ownership, maintenance or use of that part of in the product made intentionally the Is nd leased tc you and shown in the by the vendor; Decla ations and subject to the following (d) Repackaging, unless unpacked additional exclusion: solely for the purpose of This insurance does not apply to: inspection, demonstration, testing, a. Any "occurrence" that takes place after or the substitution of parts under you cease to lease that land; or instructions from the b. S ruotural alterations, new construction or manufacturer, and then dumolilion operations perronned by or for repackaged in the original the person or organization shown in the container; Declarations. (e) Any failure to make such S. Additional Insured - State or Political inspections, adjustments. tests or Subdivision - Permits servicing as the vendor has agreed to make or normally a. WHO tS AN INSURED under Section C. is undertakes to make in the usual amended to Include a$ an insured the course of business, in connection state or political subdivision shown in the with the distribution or sale Of the Declarations, but only with respect to products; operations performed by you or on your b-ahalf for which the state or political (f) Demonstration, installation, slrbiivlslon has issued a permit. servicing or repair operations, except such operations performed b. Additional Exclusions at the vendor's premises in This insurance does not apply to: connection with the sale of the (1) "Bodily Injury", "property damage" or product; "personal and advertising injury" (g) products which, after distribution arising out of operations performed for or sale by you, have been labeled the state or political subdivision; or or relabeled or used as a (21 "Bodily injury" or "property damage" container, part or ingredient of any Included in the "product -completed other thing or substance by at for operalions" hazard. the vendor. T. Additional Insured - Vendors (2) This insurance does not apply to any a. viHO IS AN INSURED under Section C. is insured person or organization, from amended to include as an insured the whom you have acquired such person(s) or organization(s) (referred to products, or any ingredient, part or below as vendor) shown in the container, entering into, accompanying Declarations, but only with respect to or containing such products. "bodily injury" or "property damage" arising (3) This Provlsicn 7. does not apply to any Out of "your products" which are distributed vendor included as an insured by an cr sold in the regular course of the endorsement issued by us and made vendor's business. a part of this Coverage Form. b. Additional Exclusions (1) The insurance afforded the vendor does not apply to: Page 16 of 2D Form 99 00 08 04 01 To: City of Santa Ana From: Bobbie Detki 12-21-05 11:15am p. 2 of 3 1 . I �4 P rodu Bobbie Detki IHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Wood Gutmann & Bogart Insurance Brokers THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE 15901 Red Hill Ave, Suite 100 AFFORDED By THE POLICIES BELOW, INSUIRIERS AFFORDING UC)VFRAQF Tustin CA 92780 714 505.7000 www.wgbib.com INSURER Indian Harbor Ins. Company License No. 0679263 A INSURER B Insured Fieldman, Rolapp, & Associates INSURER C 19900 MacArthur Blvd, #1100 Irvine CA 92612 INSURER D .... .... . . T ..... 11 'gxqQ, '411 .. T "" POLICIES O INSURANCE LISTED BELOW HAVE BEEN ISSUE ABOVETHE TO THE INSURED NAMED 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 MAV 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 AVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY NSR EFFECTIVE EXPIRATION LTR TYPE OF INSURANCE POLICY NUMBER LIMITS MM/DO%VY MNVDD/YY GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIAB CLAIMS CLMS FIRE DAMAGE (Ay lore ) MED EXP (AW .. Rer.n) MADE PERSONAL & ADV INJURY GENERAL AGGREGATE GEN, AGG UMIT APPLIES PER PRODUCTS-COMP/OP AGG $ POLICY PROJECTLDC $ AUTOMOBILE LIABILITY MY AUTO COMBINED SINGLE UMIT ALL OWNED AUTOSBODI LY INJURY SCHEDULED AUTOS (Per Person) $ HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per amid PROPERTY DAMAGE GARAGE LIABILITY AUTO DAILY - EA ACCIDENT RMY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ LEXCESS LIABILITY n EACH OCCURRENCE $ AGGREGATE OCCUR CI -AIMS MADE DEDUCTIBLE �RIETMTION $ $ $ STATUTORY LIMIT T —H -�,,77� E� $ WORKERS' COMPENSATION & EMPLOYERS' LIABILITY EL EACH ACCIDENT EL DISEASE EA EMPLOYEE $ EL DISEASE - POLICY UMIT tA Errors & Omissions ELU09090105 12/20/2005 12/20/2006 Limit $1 000 000 Ded. $1b0,060 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS F I II Si -ti fes 11 `%VbI vrtJ�SO ­Nslul . . ...... .... 7; IN .J'".: ma, ME SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana EXPIRA ION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR To MAIL j Attn. Clerk of the Court 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- 20 Civic Center Plaza (M-30) SENTATIVES. 10 Days for Non -Payment of Premium Santa Ana CA 92702-1988 AUTHORIZED REPRESENTATIVE n CG .Dan Gorman P - IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the po llcy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In Ileu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this eertiflcate tloes not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not consfitute a contract between the Issuing insurer(s), authodred representative or pmducer. and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (7/97) created at www,e CertsONLINE.Cntn P - qV-14 —71)4 __ 22 :2, 6 J151,14 wew 2 .1. .1dcVW) 12/14/2006 Blanca Roque THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Wood -Gutmann & Bogart/IIIB THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 910 S. El Camino Rea, Ste B. COVERAGE AFFORDED BY THE POLICIES BELOW. San Clemente CA 92672 IN (949) 542-7800 INSURER Indian Harbor Ins. Company www.integrityint.com A INSURER Insuren B INSURER Fieldman, Rolapp & Associates C INSURER 19900 MacArthur Blvd, #1100 Q Irvine CA 92612 INSURER 71, 11: 1 "Q� "M POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE HNNUHLIJ NAMED ABOVE I ­UR THE VULIUY72141071 ZMZ THE 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 SU TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLI EJECT TO ALL THE CIES. AGGREGATE LIMIT SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSR � POLICY IOLlll TYPE OF INSURANCE FFECTIVE EXPIRATION LTR POLICY DATE DATE LIMITS I TS GENERAL LIABILITY MM/DD/YY MM/DD/YY COMMERCIAL GENERAL LIM EACH OCCURRENCE $ FIRE DAMAGE A� one fire $CLAIMS MADE OCCUR MED EXP An onerson PERSONAL & ADV INJURY GEWL AGG LIMAPPLIES PER GENERAL AGGREGATE $ POUCY ROJECT�LDC PRODUCTS-COMP/OP AEG $ AUTOMOBILE LIABILITY $ Y AUTO COMBINED SINGLE LIMIT ALOWNED ALTUS $ SCHEDULED AUTOS BODILY INJURY HIRED AUTOS (Per person) $ BODILY INJURYNON-OWNED AUTOS (Par e.Id.nt) $ PROPERTY DAMAGE GARAGE LIABILITY (Per acrdsnt) $ MY AUTO AUTO ONLY-EAACCIDENT$ OTHER THAN EA ACC $ EXCESS LIABILITY AUTO ONLY: AEG$ OCCUR ] LAI., MAL, - EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RULTHON $ WORKERS' COMPENSATION & EMPLOYERS' LIABILITY STATUTORY LIMIT THER EL EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ Errors & 7missions FLLIU9bb94U(5 ELOISE F-POLICYUMIT $ _T�RIPTI �NF Ded. $1 0,0 0 OF E`ERAIKJN51LoCATIONS/V___ — — _9- I EE"CLETrEXCLIJ§1rN ADDED T END UH5EMENTibftGIAL PROVISIONS EVIDENCE OF ERRORS &OMISSIONS RENEWAL . gmll Lo rVk, 1.1 SHOULD F OF THE ABOVEINDESCERIBED POLICIES BE CANCELLED BEFORE TME City of Santa Ana EXPIRA�ION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL Attn: Cler of the Court 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE. 20 Civic Center Plaza (M-30) SENTATiVES. 10 Days for Non -Payment of pmo,jum Santa Ana CA 92702-1988 AUTHORIZED REPRESENTATIVE Dan Gorman T 81 0 0 "U, xrg 2_1,��,,�,,,�,-,T�L�%77t,u,t,07.kS,,," . ..... �gg P� IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does net confer rights to the certificate holder in lieu of such entlorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the c'rfificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative of producer, and the certificate hdtler, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) created at www .e CertsONLINE.com 05-18-2007 10:04 From-Fieldman RolapP 949 474 8773 T-372 P-002/003 F-925 7 ,,,µ.. l -,, . ' , I , , " I . 1 ': 1); � i. .. , 6 �� —DAD (MM1Cwy7) . , . -,� I ` ml- , , F r..... .. .... . .. 1,'N1412006 A IRI n.l. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ZE-1cer Blanca Roque ONLY AND CONFERS NO MGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Wood -Gutmann & Bo.9arVIIIB B. COVERAGE AFFORDED BY THE POLICIR 111 5 BELOW - 910 S. EI Camino Rea, Ste INSI IPFPS AFF -11 San Clemente CA 92672 Indian Harbor Ins. Company (949) 542-7800 INSURER 1 www.intogrityint.com A 2C)().5-223 INSURER A- F�L_Pred INSURER Fieldman, Rolapp & Associates r INSURER r'X 19900 MacArthur Blvd, #1100 INSURER Irvine CA 92612 E FED 13rLUW HAVE BEEN -ISSUED TO THE INSUKEU NAMED AaGVE FOR THE POUCY PERIOD INDICAmo. THE P =Ul OF OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS NOTWITHSTANDING ANY REQUIREMENT, PERTAIN, TERM THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE CERTIFICATE MAY BE ISSUED OR MAY POLICIES. AGGREGATE LIMITS SHOWN. MAYHAVEBEEN REDUCER By PAID CLAIMS. TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY POLICY EFFECTIVE EXPIRATION INSR1 TYPE OF INSURANCE DATE OA POLICY NUMBER MMIDDNY MM/DIFIYY LIMITS LTR EACH OCCURRENCE GENERAL LIABILITY GE (Any ono }Ira) FIRE DAMAGE U_ COMMIERCIA1. GENERAL LIAR F-1OCCUR MED EXP (Any =&!san 5 CLAIMS MADE PERSONAL & ADV INJURY GENERAL AGGREGATE S KODUCT5,COMPiQP AGO V NVAGG 41MIT AFKIFS PER POLICYjnE2OJECTr7 LOC A_UTQMOI31LF LIABILITY COMMNED SINGLE LIMIT Y AUTO TOPILY INJURY ALL OWNED AUTOS (For Parson) 5CHEDU"13AMTOS BODILY INJURY HIRED AUT05 (Per noddent) NOr+OwNED AUTOS PROPERTY DAMAGE A 1" Z, AA (Por accAwt) 5 AUTO ONLY - EA ACCIDENT 5 GARAGE LIABILITY OTHER THAN EA ACC & ANY AUTO RUY0 ONLY: AGG $ F_xCESS LIABILITY EACH OCCURRENCE 7OCCUR [:] CLAIMS MADEAGGREGATE DEDUCTIBLE /It r7.ey STATOTORY LIMIT THE "h. RETENTION -S VVU1iUR5'COMPFNsATION & EL EACH ACCIDENT EMPLOYERS' LIABILITY RL DISEASE - EA EMPLOYEE EL DI5EA5E - POLICY LIMrI' rrofs0missions —EMD9559405 Dad, $1 MOM DES61PTION uts OpMUMqWiL:qrATIIDNS7VEHIZ!LESIFXCLUtiluNti AUIJLIJ 0[Y_EN13QR5FMEN1/kPEGI9 PRQVLSIdNS EVIDENCE OF ERRORS & OMISSIONS RENEWAL `AWMAT U 1% SHOULD ANY OF THE AaUVF QrZkUKIBED POLICIES BE CANCELLED BEFORE TME Santa Ana LXPaRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL TO THE City of DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED Atth; Clerk of the Court 07 OUT FAILURE TO MAIL SUCH NOTICE SHAM imposr. 140 OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- SENTATIVES. 10 Days for Nan-Paymont2f Promium 20 Civic Center Plaza (M-30) Santa Ana AUTH CA 92702-1988 REPR959ORIZENTAD TIVF Dan Gorman j"I 05-18-2007 10:04 From-Fieldman Rolapp 949 474 8773 T-372 P.003/003 F-925 IMPORTANT If the certificate holder is an ADDITIONAL INSUR513, the poiicy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(S). If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. _f 0 "'()RA4 Z ACORD 25 (2001108) created atwww,eCertsONUINF.com 05-18-2007 10;04 From-Fieldman Rolapp 949 474 9773 T-372 P.001/003 F-925 FIELDMAN I ROLAPP FAX & ASSOCIATES 19900 MacArthur Blvd., Suite 1100 irvine, CA 92612-9-433 949.660.7300 Fax 949.474.8773 _— . — 41 mr-i nIFR THIS FAX TO: 1t yo6 ao not relive 1311 Int; inu—a.a- �•.— — eONFIDENTIALITY NOTICE closure uncef applfccf ll taw- 11 the rao0rt U}i Orin n ss51,411ysprohlh ed C I YOU TNS facsimile mo5s❑c�c is tnlenaod only for the us�� f Ino intli�iduat ❑r entity to wMlch 1l Icomdf a>sed. and may conl❑in information tool i5 privileged, ccanGdenl ❑I ana hUI On! is! {elcphon❑ of (949) 660 7309. ❑nd return 11�e ❑riEiiita ret'Oenl, VOL, m{s,E3ommunlitic in orrorny rlPVeaso jaminnotify ustimmed;atelyoUY W ai Ins — — -- — -- na — •--- — — — — messoOe 10 us of me (above adctrr.ss via the u.S. f ostol Service. rn❑nk yau- Fax5n0OL To: City of Septa Ana From: Blanca Roque Blanca Roque Wood -Gutmann & Bogart/IIIB 910 S. EI Camino Real, Ste B. San Clemente CA 92672 (949) 542-7800 www.integrityint.com A-2005-223 Fieldman, Rolapp & Associates 19900 MacArthur Blvd, #1100 Irvine CA 92612 5-18-07 2:59pm p. 2 of 7 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. INSURER Hartford Casualty Insurance Company A INSURER Oak River Insurance Company B INSURER C INSURER D INSURER i cv t$tLUW HAVE BEEN ISSUED TO THE INSUREDiiiil NAUp MED 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 POLICY LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION GENERAL LIABILITY DATE DATE A COMMERCIAL GENERAL LIAB 72SBAAF9892 LIMITS 4/1 /2007 4/1/2008 EACH OCCURRENCE $ CLAIMS MADE OCCUR FIRE DAMAGE An one fire $ MED EXP (Any one ne-i e Au I UMOBILE LIABILITY A u -UP AUU $ ANY AUTO 72UECTQ4293$ ALL OWNED AUTOS 4/1/2007 4/1/2008 COMBINED SINGLE LIMIT SCHEDULED AUTOS BODILY INJURY $ 1 HIRED AUTOS (Per person) NON -OWNED AUTOS BODILY INJURY $ (Per accident) GARAGE LIABILITY PROPERTY DAMAGE (Per accident) $ ANY AUTO $ AUTO ONLY - EA ACCIDENT $ A E CESS LIABILITY OTHER THAN EA AC $ AUTO ONLY: OCCUR 1:1CLAIMS MADE 72SBAAF9892 AGG $ 4/1 /2007 4/1/2008 EACH OCCURRENCE $ DEDUCTIBLE AGGREGATE $ RETENTION $ $ WORKERS' COMPENSATION & B $ EMPLOYERS' LIABILITY 22000505190714/1/2007 /2007 4/1/2008 STATUTORY LIMIT THE EA PO of Santa Ana is named as additional insured per attached SS 00 08 04 05 + City of Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 'BE CANCELLED BEFORE THE Attn: City Clerk E30RA; ION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ______DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION 20 Civic Center Plaza OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- Santa Ana SENTATIVES. ' 10 Days for Non -Payment of Premium CA 92702 AUTHORIZED REPRESENTATIVE Dan Gorman ��'/' To: City nta Blanca 5-18-07 2:59pm P. 3 of 7 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to holder in lieu of such endorsement(s). the certificate DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AF'PPaU'/ f. , TO FORM '(Aly tiro; ;ev I ACORD 25 (2001108) created at www.eCertsONLINE.com ty : manta (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to YOU covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory 8, To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit„. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurerSA1`Y TR.G',.j ;_) Form SS 00 08 04 05 :Sypm p, BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. C. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit” or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, AS Toag?OMiW or permit that was executed prior to the injury or damage. ,y Page 17 of 24 City BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as Provided below.- 11. elow:1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. -IV-ur 1:59pm p, 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. S. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a• WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations, b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is I'ORMamended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 Blanca Rarmp P - BUSINESS LIABILITY COVERAGE Insured —State Or Political Subdivision FORM - Permits, but only with respect to operations performed by you or on your (e) Any failure to make such inspections, adjustments, behalf for which the state or political subdivision has issued a permit_ tests or servicing as the vendor has agreed to make or normally b• With respect to the insurance afforded to undertakes to make in the usual course of these additional insureds, the following additional exclusions apply: I business, in connection with the distribution or sale of the This insurance does not apply to: products; (f) Demonstration, installation, (1) "Bodily injury", "property damage" or "personal servicing or repair operations, except such operations and advertising injury" arising out of operations performed the vendor's premises in performed for the state or municipality; c connection with the sale of the or (2) "Bodily injury" or "property damage" product; (9) Products included in the "product -completed operations" hazard. which, after distribution or sale b Y you, have been labeled 7• Additional Insured —Vendors or relabeled or used as a container, part or ingredient a• WHO IS AN INSURED under Section C. is of any other thing or substance by or for amended to include as an additional the vendor; or insured the person(s) or organization(s) (referred to below (h) "Bodily injury" or property damage" ,the as vendor) shown in the Declarations arising out of sole as an Additional Insured - Vendor, but only with "bodily negligence of the vendor for its own respect to injury" or "property damage" arising out of acts or omissions or those of its employees or anyone your products" which are distributed or else acting on its behalf. However, this sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or "property (�) The exceptions contained in Subparagraphs (d) or (f); damage" included within the "products -completed operations hazard". or 00 Such inspections, b. The insurance afforded to the vendor is adjustments, tests or servicing as the vendor has subject to the following additional exclusions: agreed to make or normally undertakes (1) This insurance does not apply to: to make in the usual course of (a) "Bodily injury" or "property damage" for which the vendor is business, in connection with the distribution or sale of the obligated to pay damages by reason of the assumption products. (2) This insurance does not apply to any of liability in a contract or agreement. insured person or organization from This exclusion does not apply to whom you have acquired such liability for damages that the Products, or any ingredient, part or vendor would have in the absence container, entering into, of the contract or agreement; accompanying or containing such (b) Any express warranty products. 8. Additional Insured — Controlling Interest unauthorized by you; (c) Any physical or chemical change WHO IS AN INSURED under Section C. is in the product made intentionally amended to include as an additional insured by the vendor; the person(s) or organization(s) shown in the (d) Repackaging, unless unpacked Declarations as an Additional Insured — Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the substitution a. Their financial control of you; or of parts under instructions from the manufacturer b. Premises they own, maintain or control and then repackaged in the oricA.-T"���%5' --� r`. oWh y ase or occupy these premises. container; Form SS 00 08 04 05 A5 Page 19 of 24 : Blanca Roque 5-18-07 2:59pm p, BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: {1) In the performance of your ongoing operations for the additional insured(s); or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard", but only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: {1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 10. Additional Insured — Co -Owner Of Insured Premises The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1• "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4• "Auto" means a land motor vehicle, trailer or semi -trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured the person(s) or Organization(s) shown in the b Sickness; or Declarations as an Additional Insured — Co- c. Disease Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Covera a to r "means: Page 20 of 24 Form SS 00 08 04 05 City of Santa Ana From; Blanca Roque 5-18-07 2,59pm p, 1 o Wood -Gutmann & Bogart/11113 910 S. EI Camino Real, Ste B. San Clemente CA 92672 Phone: (949) 542-7800 Fax: (949) 542-7804 www.integrityint.com To: City of Santa Ana Attn: City Clerk 20 Civic Center Plaza Santa Ana CA 92702 This document was created by eCertsONLINE. Subject: Certification of Insurance Fieldman, Rolapp & Associates Date: 5/18/2007 Delivery Via: FAX 17146475414 No. of Pages: 7 The attached or linked document(s) contain certification of insurance coverage for the insured named in the subject above. Your company is listed as the organization requesting receipt of these documents. If this document is sent via e-mail, you must click on the link below. The linked document is in a pdf format, and you must have Adobe Acrobat Reader installed on your system. To download the Adobe Reader for free, visit www.Adobe.com. If you have any questions regarding the content of this message, you should contact the Producer/Agency listed on the attached/linked documents. G�L�S DGr/� �� //�W� C� THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENT RIY_TO WHICH IT 5 ADDRESSED AND 'MAY CONTAIN I�MATIO TAT IS PRIVILEGED, CONFIDENTIAL�A D EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THE MESSAGE IS NOT THE ININTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. F YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA REGULAR POSTAL SERVICE. www.eCertsOnline.com 77ki4m e;CZ x glp a 0 2002 Insurance Visions, inc. /fl—/ 7 %/O