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HomeMy WebLinkAboutScott Fazekas & Assoc 1AGREEMENT TERMINATION Please complete this form when the attached agreement is nMn F ip ff t.S t - 6 Return form to the Sr. Deputy Clerk of the Council (M-30)Gf(!a11,1647-5238 if you have any questions. JIR r A Cs�A)IV 4 ----------------------------------------------------------------- The agreement with j 0 jV_ , No. A- J' d4� was completed on �U / � )66 , and final payment has been made. Department: Signature: Date: e City of Santa Ana Revised 8-7-03 Clerk of the Council iNSURANGI ''� F,�t 'Sukjj. ct EXPIRES iS.iG.( ('�F COUNf,fI IF /i'-i3-OS Pa,A `-,;L) A-2005-245 CONSULTANT AGREEMENT THIS AGREEMENT made and entered into this 17'h day of October, 2005 by and between Scott Fazekas & Associates, Inc., a California corporation (hereinafter "Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of municipal plan check services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall provide plan check services on request of the Executive Director of the Planning and Building Agency, as set forth in Exhibit A, attached hereto. Consultant shall deliver to City all work product resulting from the services provided. Said work product shall be submitted in a hard copy and in a form compatible with City's computer system, as agreed between the Executive Director and Consultant. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, sixty-five percent (65%) of the applicable plan check fee charged by City. The total sum to be expended for Plan Check services by all Consultants shall not exceed the $900,000.00 aggregate amount approved by City Council on October 17, 2005. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Consultant may charge fifty percent (50%) of the total fee upon submission of the initial plan check report and the balance upon completion of Plan Check for the project. 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 fast written above and terminate when allocated funds have been expended, unless terminated earlier in accordance with Section 12, below. 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 ate the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. b. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, subject to $1,000,000.00 aggregate. c. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless 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. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 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: Executive Director of Planning and Building Agency Building Safety Division City of Santa Ana 20 Civic Center Plaza (M-19) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-5897 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647-6515 To Consultant: Scott Fazekas & Associates, Inc. 9 Corporate Park, Suite 200 Irvine, Califomia 92606 telefacsimile (949) 475-2560 A party may change its address by giving notice in writing to the other party. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By. Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: GI REVINOfive Director of the ng and Building Agency CITY OF SANTA ANA 4 .« DAVID N. AM City Manager CONSULTANT SCOTT FAZE S President Tax ID# 33 EXHIBIT A SCOPE OF SERVICES General Description Building Safety Division of the City of Santa Ana foresees submittal of several large projects in the near future. Therefore, the City is seeking the services of professional consultants to support the efforts of City staff in the area of plan checking. Scope of Services Consultant shall perform the following services for each assigned building plan review. 1. Detail review the mechanical, plumbing, electrical and building (architectural/structural) plans. Review supporting documents for industrial, commercial, residential and public buildings and determine compliance with applicable building standards as related to existing and proposed buildings. 2. Review the plans for compliance with California state -mandated regulations for energy conservation, disabled access and City Adopted Ordinances. 3. Review the plans for compliance with Federal Flood Plain regulations for projects in the special flood hazard area designated on the flood insurance rate map (FIRM) as zone AO or AE. 4. Recheck and approval of final plans and supporting documents to be provided without additional charge for recheck. S. Submittal of approved plans and all supporting documents to the City of Santa Ana. 6. Provide all necessary liaison with applicants via fax, phone, e-mail or in person to expedite the review process and consult on complex code issues with City of Santa Ana Building Official. 7. Plan review report to be customized for each project and be delivered via fax, mail or e- mail to City and the applicant. 8. Structural portion of the plans to be reviewed by California Licensed Civil or Structural Engineer. 9. Plan reviewer to be consistent, accurate, available and responsive to the City and the applicant via phone, fax, e-mail and meetings. Also, the plan reviewer shall be available to the Building Official and his staff to help answer Code questions arising from review. Plan reviewer shall provide assistance in evaluation of alternate materials, design and methods of construction proposed by applicant. 10. Plan reviewer shall be available, at no expense to the City of Santa Ana, to meet at the City office with owners, architects, engineers and contractors to discuss the Plan Check issues. 11. Plan reviewer to verify that the job description, square footages, occupancy classifications and type of construction, on the permit application agrees with the plans and specifications. Plan reviewer will also verify the building valuation based upon valuation costs used by the City of Santa Ana. 11 Initial Plan review to be complete within fifteen (15) working days and recheck within five (5) working days. 13. Deferred submittals, trusses, stairs, curtain walls, etc. to be reviewed on hourly rate of $85.00/hour. 14. Consultant fee for review services to be 65% of the City of Santa Ana Plan Check Fee. 10/14/2005 10:09:41 AM 10 It Sara Coutee Page 3 ACORD CERTIFICATE OF LIABILITY INSURANCE OPID SA MTEIMMNDYYYY) FAZEFC-1 10 14 05 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION G. S. Levine Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10505 Sorrento Valley Rd. #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego CA 92121 Phone: 858-481-8692 Fax: 858-481-7953 INSURERS AFFORDING COVERAGE NAIL # INSURED 113'PER A Fidelity and Guaranty Ina. Co. TL.PERB St. Paul F¢re And Marine In• Scott Fazekas 6 Associates TO 31FIR, 9 Corporate Park S-200 u+,uRERG Irvine CA 92714 -- - IN.,uREP E rnvcanr.Ps 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. RISR POLICY EFFECTIVE POLICY EXPIRATION LTR N6R0 TYPE OF INSURANCEPOLICY NUMBER DATE MM�OOVYY DATE MMI00/YT LIMITS CENERaL LIABILITY 111 AIIIIF $1,000,000 A �X '- I IOMEPLIAu. EMA4ALLIABIUT� BKO1777291 06/05/05 06/05/06 P EMI ETIE LrenLe $ 300,000 IT AIM, MPI]E [Xj III MtL11PIPMUIRpFi70nl 110,000 PEI­,LNAI . ADEINTIRY $1, 000, 000 — �$2, L.ENFRAL. 1111FFIATE 000, 000 GEN'LHGGUE-PTE LIMIT APPLES PER PRUDI If T', II "Af 11 aCO 12, 000,000 Ben. 1,000,000 P-ULL TE T wL AUTOMOBILE. LUMMUTY _ M]INLiI'oINL�Lt IJMII $1, 000 000 A AM-ADTL, BK01777291 06/05/05 06/05/06 tE°"TIoeIIn E IPYr PPr-,om ALL uwvm A I H H dlntuctm Am I In. X 'WED AUTTI �X VBN.uWNED AST05 lPere¢menll $ j r FI YDAMAGE IPOILLOILP DAMAGE LIABILITY nnT (ONLY -EAAI LOENT 4 I ANr ALIT4 L_ EA AI r $ iTTHEP TIAI _ AJT'I ONLY All EXCESSNMBRELIA LIABILITY EA, TI CI)POFNCE ,,,PEGA-E $ JELVF JLA-1 1E $ nrtTrTIIr $ RETFNTIpN $ I $ WORKERSCOMPEISATIONAND Wf Sle-u, IIIH- X Ti �R'i LIMIT'.. :k B EMPLOYERST,jKlILIABILITY BW02092909 06/05/05 06/05/06 $ 1000000 EL EAa+a�aoervT PMi fy? C'+RICTOREo :T NE EL OIBEA'nE-E4 FMM1UIVEE _ L 1000000 LI E(I'EL I,, GR/MEMflFR E+'CUIDE9P ITVry Imne/ EL OISEADE POLO 11Mll i¢1DDDOOD ALP' I o�L: P,LPcpNSIriVG Delow OTHER DESCRIPTION OF OPERATIONS 'LOCATIONS /VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS %, r :SI a L'D S `J 1 ORM Re: All Operations of the Named Insured Proof of Insurance *10 day notice of cancellation applies for non-payment of premium. XX ~lift 5Le dy S.l L111t Willy Altorn31' CERTIFICATE HOLDER CANCELLATION CITSAN2 SHOULD ANY OF THE MOW DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WIL ME 30* DAYBWRITTEN Planning S Building Agency 20 Civic Center Plaza (M-20) NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFIaWB�eEB�BEEYYr PO Box 1988 Santa Ana CA 92702 Aw^swleweer P IlED REPRESENTATIV ACORU 25 (2001/08) 1 © ACORD CORPORATION 1988 10/14/2005 10:09:56 AM Sara Coutee Page 4 ACURQ CERTIFICATE OF LIABILITY INSURANCE OF ID SA DATE IMD°/YYTYI FAZE--1 1071 4 05 PRODUCER G. S. Levine Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services, Inc. 10505 Sorrento Valley Rd. 8200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego CA 92121 1 Phone: 858-481-8692 Fax: 858-481-7953 (INSURERS AFFORDING COVERAGE NAIC # INSURED iNSLIPEFo- Greenwich Insurance 22322 FEE e Scott Fazekas & Associates_ 9 Corporate Park S-200 Irvine CA 92714 wsueERD _. IN5UPER E 'V YCRMV CJ 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. LTR NBRD TYPE OF INSURANCE POLICY NUMBER HOT POUCY EFFECTIVE - POLICY EXPIRATION DATE MMNDiTY DATE IMMUDDI LIMITS GENERAL LWBILRY FACH Fii tuRRENt.F $ _iLMMEPLIAL GENERAL LAEILRv NEMISES Ee.1,11IUt, l tR LAIMeMAIJL uUC_UR Ei MED P (Any bnp Vel%On( PEPSDNALNADVINILIRv ¢ �ENEPAL AL.CREI ATE 3 PPi'OUnT, IIWILD AII 8 LEN'L AGGREGATE LIMIT APPLIES PER POLIC, JPECRO- T lllC AUTOMOBILE LIABILITY I:ED NGLt LIMIT f -NY 11111 (ET,dC�ItlPntlMTISHI AL, I MMED At IHN B JCILY IN.III1 f It HER (LID MITI I', IVP! (e,onl HIRED AUTOS BDDILYIN.ILIRL g Nf_N DATIED At TFIS (PI, "IITFID VRDPEPT'i DAMAGE f -- IT, arrl0en[I CAIU6E _At LIABILITY I VDNLY-FYAitWINI $ AN'I N HIP EAArq — f ,THEP THAN 3 A�IT_i CHL" Z' EXOESEUMBRELLA LIABILITY EA[H I)CLUFPEN,E g A[1t .PEtiATE $ CI[UIP El CWMSMADC f DID It E $ WORKERS COMPENSATION AND Yvc ATL Dr EMPLOYERS' LIABILITY TORY LUTMIITS EF EL LAGH A,LIDCNT y AN• PPIIPMETVPNARTNER(ENCCUTIYE OFFICER/MEMBER EYJ_U= ELDISbV'E EAEMPLOYFE - L I(ypl, Dell(IbE unEPl EL. DISEASE -POUT': LIMIT f 1'. OTHER rAJSFESIALPF(JV131,-ISt Professional DPR9411612 06/05/05 06/05/06 Claim/Agg 1,000,000 Liability Ded 10,000 DESCRIPTION OF OPERATIONS / LOMTIONB / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT ( SPECIAL PROVISIONS Re: All Operations Proof of Insurance *10 day notice of Cancellation applies for non payment of premium. XX Laurz Mitt SLcedy City of Santa Ana Planning & Building Agency 20 Civic Center Plaza (M-20) PO Box 1988 Santa Ana CA 92702 CITSAN_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIL�MML 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT�IYEyrYYyBBIEEEy 10/17/2005 12:02:56 PM L0 Sara Coutee Page 2 ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Fidelity and Guaranty Ins. Co. This endorsement modifies such insurance as is afforded by the provisions of Policy # BK01777291 _ 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 6/5/2005 Policy ft BK01777291 this endorsement form as a part of Issued to Scott Fazekas & Associates Named Insured Countersigned by Authorized Representative ,kIs TO FORM hilt! , I;:'.111J y ADD CERTIFICATE OF LIABILITY INSURANCE OP ID RL DAn MINDD(YrYYI Fa7.F.K-1 n9 27 n6 PR. S. G. S. Levine Insurance Services, Inc. 10505 Sorrento Valley Rd. #200 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. San Diego CA 92121 Phone: 858-481-8692 Fax: 858-481-7953 INSURERS AFFORDING COVERAGE NAIC # INSURED EI � /} INSURERA M P1lity and Guaranty ICE. Co. INSURER B. gapleyaCE Flca Ia Encano. Co. ZU648 ���/\ )�L �) Scott Fazekas L Associates A—J' �V 17777 Del Paso Drive Poway CA 92064 INSURER C INSURER D. 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. lTR XERD TYPE OF INSURANCE POLICY NUMBER FOUR EFFECTIVE DATE MMIDO/YY POUOY EXPIRATION DATE IMMRDONYI UMRR OEXERU. UABIUY EACH OCCURRENCE $1,000, 000 A X COMMERCIAL GENERA LABILITY BK02187585 06/05/06 06/05/07 PREMISES(E¢0[[wen[e) s 300,000 C-MUS MADE OCCUR MEO EW(".'e pomr) $10,000 X BFPD PERSONAL BAnvlwugv E 1,000,000 a`TC F 2,000,000 GEN'L AGGREGATE LIMB APPLIES PER'. PRODUCTSOCOMWOPAGG s 2,000,000 POLICY PER. ECT WC Ben. 1,000,000 AUTOMOBILE LASIYry A ARv auto BK02187585 06/05/06 06/05/07 B¢re0 Pirro= UM17 (ER Rmbent) s1, 000,000 ALLOWNEDAUTOS BODILY INJURY $ SCHEDULED AUTOS (Pe, person) X HIREDNUTOS X NGNGVMEDAUTGS SODLY INJURY t (Per R"ReT, PROPERTY DAMAGE $ mr onD ONGDE LIABILITY AUTO ONLY-EAACCIDENT $ MY AUTO OTHER THAN F+'"CC $ t AUTO TO ONLYON_Y. pCC E%CEBWUMonE WBILJTY EACH OCCURRENCE q OCCUR ❑ C(NMSMADE AGGREGATE g DEDUCTIBLE E RETENTION S $ WOMERSCOMFIENSA70NMLD X TORVSLIM TS OER B IMPLnveao lunlLlry EL EACH ACCIDENT $ 1000000 ANY PROPRIETORNPRTNEREXECUTNE 406012482 O6 /05/06 06/05/07 OFFICERNEMBER E%CLUDFD9 E L. DISEASE EA EMPLOYEE $ 1000000 H }25, b¢st[Ib¢ untie[ E L. DISEASE POLICY LIMIT g 1000000 SPECIAL PROVSIONS b¢Ibx OTHER DESCRIPTION OF OPERAT°X.I LDOAnONB I NENICLES I EXCLUSIONS ADDED SY ENDORSEMEM/ SPECIAL PROVISIONS Re: All Operations City of Santa Ana its officers, employees, volunteers, representatives and agents are named as certificate holders and additional insured per the attached endcrsemenL. *10 day notice of cancellation applies for non-payment of premium. XPXX rcoTICU-AT. Hnl nee CITSAN— SHOULD ANY OF TxEABOVE DESCRMED POUCHES BE CANOELLlO BEFORE ME ExPIRJOHM DATE MEMOP. E ISSUING INSURER WBL RIIgSBIIB�B MML 30* WYBWMlTEx Attn: Tonia Zerbd City of Santa LAna NOTICE TO THE CERnRCATF HOLDER NAMED TO ME Ups.. EIS P.O. Box 1988 M-20 Santa Ana CA 92702 < /Z sommommilm "T,1WrQ3EDREPRESENTATIv ACORD 25 (2001/08) I I Csi ACORD CORPORATION 199E ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company Fidelity & Guaranty Insurance Co. This endorsement modifies such insurance as is afforded by the provisions of Policy # BK02187585 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 06/05/06 this endorsement form as a part of Policy I$ BK02187585 Issued to Scott Fazekas & Associate% Countersigned by _ Authorized Repr entative ADD. CERTIFICATE OF LIABILITY INSURANCE OP ID RL D4E(NTMAD/YYYY) PRODUCER G. S. Levine Insurance FA2FK-1 no/qO6 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Sery ices, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 10505 Sorrento Valley Rd. #200 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Diego CA 92121 Phone: 858-481-8692 Fax: 858-481-7953 N8URE0 INSURERS AFFORDING COVERAGE NAIC# NBURER B Scott Fazekas L Associates WsuRERc 17777 Del Paso Drive Poway CA 92064 'NsuRER o 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 TFRMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NERD TYPE OF INSURANCE POUCYNUMBER POLICY EFFECTW DATE MRVDDTY NOUCY E%PWATION ° RTE MMTp/YY LIMNS DENE BAD. JABIL TT COMMERCUL GENERAL WBILITY EACH OCCURRENCE $ PREMISES IEa rAlurAll, S LUIMS MADE OCCUR MED EW+(Arty one person) f PERSON4&AOVIWURY $ GEN'LATE LIMITPER cnew.L.wagconTe f PRODUCTS-COMP/OP AGG $ ICY PRO,R4 POI -Cy JECT LOC AUTOMOBILE WBRITY AN'AUTD commlrcU suro,c umiT DA wRda nD q ALL OMEO AUTOS BODILY INJURY(Per person) $ 9CHEOIHEO AUTOS HiREDAUTOS BODILY IWURY (Per x,w., $ NOWCYmEDAUios PROPERTY CANAGE (ra oon enp $ GARAGE LIABILITY ANYAUTO AUTO ONLY - EAAOCIDENT S OTHER THAN E"ACC S AUTO ONLY. A., f 6%CEBWMBREW WBILM OCCUR :WMS MACE ❑ E ACH OCCURRENCE $ AGGREGATE § $ DEDUCTIBLE E RETENTION $ WC STAT4 OTR TO TORV OMITS ER E WORKERS COMPENBATON AND RMPwrRNV LugIMTr AN✓PROPRIETOR/PAATNERI,XECUTNE OFFICER/MEMBER E CLUOED9 - ACCIDENT § EL. DISEASE -EA EMPLOYEE g ry" RNR.b upper SPECIAL PROVISIONS IPYw EL DI6EASE-POLICY LIMIT q OINEq A Professional DPR9419072 O6/O5/O6 O6/05/07 Claim/ Liabilit Ago $1, 000, 000 DESCRIPTION OF GPEMTOWILOCATIONS I YIHICI-0IE%CWBIONE A,010 BY ENDORSEMENT/ SPEC YL PROVISIONS Ded $10 000 Re: All Operations Proof of Insurance The City of Santa Ana, Its Officers, Employees Agents, Volunteers C. Respr'csenta Lives are named certificate halders. *10 day notice of cancellation applies for non payment of premium, XX CERTIFICATE HOLDER rAurEl I A,-hfi City of Santa Ana Attn: Tonia Zerba P.O. Box 1988- M-20 Santa Ana CA 92702 CITSAN- SHOULD MY OF THE MOW OEBCMEEDFOuefi. BE CANCELLED BEFORE THE E%PIRATION DAT!THEREOF, THE IEBUINO INSURER WIu ONOMMINIPPMNL 30* DAYS WRITRFN NOTICE TO THE CERTIFICATE HOW ER NANED TO THE LEFT.